Searching Content indexed under Clean Air / Pollution by Smith Gambrell & Russell LLP ordered by Published Date Descending.
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DC Circuit Provides Split Guidance On Wehrum Memo
In an August 20 opinion, the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that an EPA guidance document (the "Wehrum Memo") providing that "major" sources of toxics air ...
United States
11 Oct 2019
Landfill Pollution Suits Removed To Federal Court
A federal court in the U.S. District Court for the Eastern District of Louisiana has ruled that seven consolidated suits over landfill pollution were properly removed to federal court.
United States
16 Aug 2019
EPA Expected To Release Proposal To Modify New Source Review
The EPA is expected to release a proposed rule or policy for public comment regarding changes to the Clean Air Act's pollution permitting program known as New Source Review.
United States
30 Jul 2019
U.S. EPA Not To Impose Stricter Ozone Controls On Upwind States
The U.S. EPA determined in December 2018 that it would not impose additional pollution control requirements on power plants in 20 upwind states whose
United States
9 Jul 2019
California Moves To Block U.S. EPA Air Pollution Standards For Auto Emissions
Representatives for the California Air Resources Board have stated that they will take all legal measures necessary to block the Trump administration's efforts to freeze fuel economy limits
United States
25 Mar 2019
No Time Bar For Injunctive Relief For New Source Review Violations, 5th Circuit Rules
On October 1, the U.S. Court of Appeals for the 5th Circuit held that there is no statute of limitations applicable to an EPA enforcement action for injunctive relief ...
United States
22 Jan 2019
California Moves To Tighten Truck Exhaust Standards Ahead Of EPA
On November 13, the EPA announced that it will reopen existing federal standards for smog forming pollution limits for heavy trucks.
United States
30 Nov 2018
First Vapor Intrusion Superfund Sites Listed By EPA
In 2017, EPA finalized a rule that updated its HRS, used to determine when to add contaminated sites to the NPL, to allow ranking of sites based on subsurface intrusion, including both vapor and water seepage...
United States
19 Oct 2018
EPA Seeks To Revamp NSR Test
The EPA has proposed easing the emission test for triggering new source review ("NSR") requirements for installation of modern pollution controls as part of its power sector climate rule.
United States
5 Oct 2018
"Exceptional Events" Exemption Under The Clean Air Act Upheld By D.C. Circuit
EPA's "exceptional events" rule allows air pollution caused by "exceptional events" to be discounted by States in determining their compliance with National Ambient Air Quality Standards ("NAAQS").
United States
30 Aug 2018
U.S. EPA Sued Over Missed Air Pollution Reviews
A nonprofit foundation has sued the U.S. EPA for missing deadlines to review and potentially revise pollution limits for toxic air and emissions from a variety of air emission sources.
United States
22 Aug 2018
Pace Of Review Of Industrial Expansion Permits To Continue Under Acting EPA Administrator
Pruitt favored a comprehensive overhaul of the permitting program while Wehrum preferred incremental program changes achieved through a combination of guidance and rulemaking.
United States
16 Jul 2018
House Votes To Delay Brick Kiln, Wood Stove Air Pollution Control Rules
The House has voted to delay the implementation of regulations setting limits on toxic air pollutants from brick and cement tile kilns and wood fire stoves pending resolution of litigation filed to block...
United States
27 Mar 2018
Federal Appellate Court Rules That CWA Applies To Groundwater Discharges
On February 1, 2018, the U.S. Court of Appeals for the Ninth Circuit issued a decision concluding that the federal Clean Water Act (CWA) applies to claims involving the discharge of pollutants...
United States
7 Mar 2018
EPA Reverses Toxic Pollutant Policy Under Clean Air Act
On January 25, the EPA issued a memorandum reversing the "once-in-always-in" policy under the Clean Air Act ("Act") which prevented major sources of toxic air pollutants from removing pollution control devices at their facilities once actual emissions fell below major source thresholds.
United States
23 Feb 2018
"Once In, Always In"
On January 25, 2018, the U.S. EPA reversed its longstanding Clean Air Act "once in, always in" policy, opening the door for certain "major" sources of hazardous air pollution to finally downgrade to "area" sources.
United States
22 Feb 2018
EPA Responds To States Regarding Ozone Nonattainment Areas
The U.S. EPA missed its October 1, 2017 deadline to designate which areas of the country exceed the National Ambient Air Quality Standards for Ozone under the updated 2015 standards.
United States
11 Jan 2018
EPA Enforcement Action Signals Heightened RMP Oversight
In August, EPA announced a Consent Order with ChemArt Company of Lincoln, Rhode Island to correct alleged violations of EPA's Risk Management Program (RMP) under the Clean Air Act.
United States
6 Nov 2017
TVA Appeals U.S. District Court Order For Removal Of Coal Ash
The TVA has asked the U.S. Court of Appeals for the Sixth Circuit to review an August 4 Order by the U.S. District Court for the Middle District of Tennessee to dig up and remove coal ash...
United States
18 Oct 2017
Power Plants Get Two Year Reprieve From Parts Of Wastewater Discharge Rule
Power plants will not have to meet new limits until 2020 for toxic wastewater that comes from using air pollution control systems and transporting bottom furnace ash.
United States
2 Oct 2017
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