News & Analysis as of

Environmental Protection Agency (EPA) Pollution Control Board

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

Wastewater Enforcement/Clean Water Act: Cook County Circuit Judge Addresses Illinois Attorney General Complaint Alleging...

A Circuit Court of Cook County, Illinois (“Court”) Judge addressed in a September 9th Order issues arising out of a Second Amended Complaint (“Complaint”) filed by the Illinois Attorney General (“AG”) filed against 401 Wabash...more

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

City of Albuquerque/Albuquerque Environmental Health Department: Natural Resources Defense Council Submits Title VI Civil Rights...

The Natural Resources Defense Council and Los Jardines Institute (collectively, “NRDC”) submitted a May 30th document to EPA styled: Complaint under Title VI of the Civil Rights Act of 1964 and the Environmental Protection...more

Troutman Pepper

Illinois Finalizes Regulations for Direct Implementation of Prevention of Significant Deterioration (PSD) Permitting under the...

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As of September 4, 2020, Illinois has responsibility for direct administration of the Prevention of Significant Deterioration (PSD) permitting program under state regulations, including federal Clean Air Act (CAA)...more

Williams Mullen

Virginia Breaking Blue: Spotlight on Air Issues

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In November, Democrats won control of the House of Delegates and kept control over the Commonwealth’s Senate. Now, Democrats control both the Executive and Legislative branches of government in the Commonwealth of Virginia....more

Williams Mullen

Environmental Notes - June 2019

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If your company is planning to buy commercial or industrial real estate, it’s probably your standard practice to have a Phase I Environmental Site Assessment (“Phase I”) performed. When you do so, it’s important to ensure the...more

Williams Mullen

Environmental Notes - April 2019

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In January of 2018, the Virginia State Air Pollution Control Board (“Air Board”) published a proposed rule to establish a CO2 emissions cap and trade program in Virginia (the “Original Proposal”). The regulations set an...more

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

Industrial Wells/Acid Injection: Federal Appellate Court Addresses Request for Declaratory Judgment Regarding Illinois...

The United States Court of Appeals (Seventh Circuit) (“Court”) addressed in a January 16th opinion an appeal of a denial by the United States District Court regarding an issue associated with injection of hazardous waste acid...more

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

Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty for Vonore, Tennessee Boat Manufacturing...

The Tennessee Air Pollution Control Board (“TAPCB”) issued a September 11th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Yamaha Jet Boat Manufacturing U.S.A., Inc. (“Yamaha”) for an alleged...more

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

U.S. EPA Environmental Appeals Board: Petition Filed Challenging Uintah County, Utah Natural Gas Compression Facilities' Clean Air...

WildEarth Guardians (“WildEarth”) filed a July 7th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging Clean Air Act permits for...more

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

Proposed California Combined Cycle Natural Gas Power Plant: Petition Filed Before U.S. EPA Environmental Appeals Board Challenging...

Four environmental groups filed a May 29th Petition for Review (“Petition”) before the United States Environmental Protection Agency (“EPA”) Environmental Appeals Board (“EAB”) challenging a proposed 704 megawatt Combined...more

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

U.S. Environmental Protection Agency Withdrawal of "Once In, Always In" Policy: California Attorney General D.C. Circuit Court of...

The California Attorney General filed an April 10th Petition for Review (“Petition”) in the United States Court of Appeals for the District of Columbia Circuit challenging a recently issued United States Environmental...more

Williams Mullen

Air Program Malfunction Exemption Nixed, But Not Agency Discretion

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Virginia’s State Air Pollution Control Board (“Board”) recently amended its regulations to remove the long-standing malfunction exemption available to regulated sources of air pollution for violations of emission limits and...more

Levenfeld Pearlstein, LLC

New Indoor Inhalation/Vapor Intrusion Rule Adds New Requirements For NFR Letters In Illinois

Most commercial or industrial buyers of contaminated property, and virtually all lenders at contaminated sites, require sellers to either (a) obtain a No Further Remediation letter (NFR) themselves, (b) place money in escrow...more

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