News & Analysis as of

Environmental Protection Agency (EPA) Consent Decrees Clean Air Act

Mitchell, Williams, Selig, Gates & Woodyard,...

Regional Haze/State Implementation Plans: U.S. Environmental Protection Agency and Sierra Club Enter into Consent Decree Providing...

The United States Environmental Protection Agency (“EPA”) and Sierra Club entered into a July 12th Consent Decree (“CD”) addressing agency review of 32 states’ Clean Air Act State Implementation Plans (“SIP”) related to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Title V Objection/Clean Air Act: Environmental Organizations Petition Addressing Delaware City, Delaware, Refinery

Several environmental organizations filed a document before the United States Environmental Protection Agency styled: Petition to Object to the Title V Operating Permit for the Delaware City Refinery (“Petition”)...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Drum Reconditioning Facility/RCRA/Clean Air Act: U.S. District Court (Wisconsin) Approves Entry of Consent Decree

The United States District Court (Eastern District Wisconsin) (“Court”) addressed in a July 27th Order a request by the United States Department of Justice (“DOJ”) acting on behalf of the United States Environmental...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Stationary Combustion Engines/New Source Performance Standards: Environmental Defense Fund and U.S. Environmental Protection...

The United States Environmental Protection Agency (“EPA”) published in the June 13th Federal Register a notice that it had entered into a Consent Decree with the Sierra Club and Environmental Defense Fund (collectively...more

Foley & Lardner LLP

EPA Renewable Fuel Standards Remain Uncertain As Deadlines Loom

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In Foley’s December 21, 2022 Dashboard Insights post, we examined the U.S. Environmental Protection Agency’s (EPA) 2023 renewable fuel standard (RFS) proposal as a potentially transformative change for electric vehicle (EV)...more

Pillsbury Winthrop Shaw Pittman LLP

EPA Tentatively Rejects the Center for Biological Diversity’s Petition to Regulate PVC as a Hazardous Waste

The EPA’s tentative determination signals the possibility of a future course reversal, and interested parties should consider making public comments, which could influence the outcome of the process. The U.S. Environmental...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Flares/Clean Air Act: Environmental Organizations and U.S. Environmental Protection Agency Enter into Consent Decrees Regarding...

The Environmental Integrity Project and nine other environmental organizations entered into proposed consent decrees with the United States Environmental Protection Agency (“EPA”) to resolve a Clean Air Act citizen suit that...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Refrigerant Recovery Management Program/Air Enforcement: U.S. Department of Justice and Scrap Recycling Company Enter into Consent...

The United States Department of Justice (“DOJ”) entered into a Consent Decree (“CD”) on behalf of the United States with Schnitzer Steel Industries, Inc. (“Schnitzer”) addressing alleged violations of the Clean Air Act and...more

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Chevron Agrees to Fenceline Monitoring at Three Texas Plants in DOJ Settlement

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The Biden Administration has prioritized environmental justice issues as part of its regulatory agenda. One of the tools it has deployed is “fenceline monitoring” where perimeter monitors are used to assess whether...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Refrigerant Recovery/Air Enforcement: U.S. Department of Justice Enters into Consent Decree with Oklahoma/Texas Scrap Recycling...

The United States Department of Justice and the United States Environmental Protection Agency announced in a January 7th news release that they entered into a Consent Decree (“CD”) with Derichebourg Recycling USA Inc....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: United States Department of Justice/State of Michigan and Northville, Michigan, Landfill Gas-to-Energy Facility...

The United States Department of Justice (“DOJ”) on behalf of the United States Environmental Protection Agency and the State of Michigan entered into a September 9th Consent Decree (“CD”) with Arbor Hills Energy, LLC (“AHE”)...more

Allen Matkins

California Environmental Law & Policy Update - July 2021 #5

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California drafts safe limits for PFOA and PFOS in drinking water - Chemical & Engineering News – July 23 - A July 22 draft report from the California Environmental Protection Agency would set a science-based safe...more

BCLP

PFAS Air Emission Regulations

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Typically when considering the regulatory risk presented by per- and polyfluoroalkyl (“PFAS”) compounds, businesses think of the regulation of drinking water, groundwater, and consumer products. However, there is an increased...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: U.S. Environmental Protection Agency and North Salt Lake, Utah, Medical Waste Incinerator Operator Enter into...

The United States Department of Justice, on behalf of the United States Environmental Protection Agency, and Stericycle Inc. (“Stericycle”) entered into a January 29th Consent Decree (“CD”) addressing alleged violations of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Natural Gas Compressor Station/Title V Permit: U.S. EPA Environmental Appeals Board Addresses Challenge to NESHAP Permit Condition

The United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) addressed in a September 2nd Order a Petition filed by MPLX challenging a permit condition that the federal agency placed in a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: U.S. Environmental Protection Agency/Arkansas Department of Energy and Environment – Division of Environmental...

The U.S. Environmental Protection Agency (“EPA”) in a February 5th news release announced that the federal agency and Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) have entered into...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: U.S. Environmental Protection Agency and Owner of 14 Portland Cement Manufacturing Facilities Enter into Consent...

The United States Department of Justice (“DOJ”) and the United States Environmental Protection Agency issued a news release stating they had entered into a Consent Decree (“CD”) with Lehigh Cement Company, LLC (“Lehigh...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Volkswagen Settlement/Arkansas Mitigation Plan: Stuart Spencer (Arkansas Department of Environmental Quality) Arkansas Bar...

Stuart Spencer of the Arkansas Department of Environmental Quality (“ADEQ”) undertook a presentation at the March meeting of the Arkansas Bar Association Environmental Law Section titled: Volkswagen Settlement –...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: U.S. Environmental Protection Agency/Arkansas Department of Environmental Quality Enter into Consent Decree with...

The United States Environmental Protection Agency (“EPA”) in a December 14th news release announced that the federal agency and Arkansas Department of Environmental Quality (“ADEQ”) have entered into a settlement with the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Electric Power Supply/Service Agreements: Federal Court Addresses Procedural Motion in Regards to Electric Cooperatives Challenge...

Washington-St. Tammany Electric Cooperative, Inc. and other non-profit electric cooperative corporations (collectively “Co-ops”) filed a breach of contract action (“Complaint”) on June 28th against Louisiana Generating,...more

Foley Hoag LLP - Environmental Law

Cooperative Federalism Requires Cooperation From Both Sides

In 2011, the National Parks Conservation Association sued EPA for failure to enforce the regional haze requirements of the Clean Air Act. EPA and the NPCA settled in 2012, establishing a schedule by when SIPs or FIPs had to...more

Pillsbury - Gravel2Gavel Construction & Real...

Ninth Circuit Affirms EPA/Sierra Club Consent Decree Extending CAA Deadline

On August 28, the U.S. Court of Appeals for the Ninth Circuit decided the case of Sierra Club, et al., v. State of North Dakota, et al., a Clean Air Act (CAA) Citizen lawsuit. The Ninth Circuit affirmed, in a 2-1 ruling, the...more

Foley Hoag LLP - Environmental Law

What’s a Court to Do When EPA Misses a Statutory Deadline?

Earlier this week, a divided 9th Circuit Court of Appeals affirmed entry of a consent decree between the Sierra Club and EPA, resolving litigation over EPA’s failure to promulgate attainment designations for the sulfur...more

Foley Hoag LLP - Environmental Law

It’s Wise to Make Certain that Contracts Properly Allocate Future Environmental Compliance Costs

Last week, the 6th Circuit Court of Appeals ruled that AEP, which entered into a consent decree requiring it to install certain pollution controls at its Rockport 1 and 2 power plants, could not force the owner of those...more

Williams Mullen

Environmental Notes - May 2016

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The news has been full of stories and articles concerning Coal Combustion Residuals (CCR), also referred to as coal ash. CCR became a hot topic in 2008 when a coal ash pond at a utility plant in Tennessee spilled more than 5...more

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