Category Archives: Air

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Air Source Aggregation: Compression Station and Natural Gas Wells are Not A Single Source in Pennsylvania Merely Because they are Owned by Corporate Affiliates

On Friday, June 2, a Pennsylvania intermediate appellate court held that air emissions from a natural gas gathering system compression station and a natural gas well pad served by that gathering system could not be aggregated for purposes of air emissions permitting because they were owned by different corporations, albeit corporate affiliates.  National Fuel Gas … Continue Reading

The 5th Circuit Issues Order Leaving Intact its Judicial Stay on the EPA Regional Haze Rule

On March 22, 2017, the U.S. Court of Appeals for the 5th Circuit continued its stay of EPA’s Regional Haze Rule. Texas et al. v. U.S. Environmental Protection Agency, No. 16-60118 (Mar. 22, 2017). The EPA rule would have required power plants in Texas and Oklahoma to install costly and potentially unnecessary upgrades to their generators. Last July, … Continue Reading

Brexit: Environmental Law Implications for the Chemicals Sector

This note addresses the possible legal impact of Brexit on the chemicals sector.  It is one of a series of GTM Alerts designed to assist businesses in identifying the legal issues to consider and address in response to the UK’s referendum vote of 23 June 2016 to withdraw from the European Union.   While Brexit … Continue Reading

Texas Supreme Court strikes down Houston air quality ordinances

On Friday, the Texas Supreme Court struck down Houston’s air quality ordinances, ruling the city had overstepped its authority to police local polluters.  In an 8-1 decision, the justices ruled that local ordinances requiring businesses to pay registration fees and allowing criminal sanctions for emissions violations were inconsistent with state law. The justices wrote in … Continue Reading

Navigating Legal Implications of Power Industry Regulations

I participated in a Power Magazine legal issues conference on December 7th in Las Vegas entitled, “Navigating Legal Implications of Power Industry Regulations.”  My presentation focused on the “nuts and bolts” of  preparing a State Plan under section 111(d) of the CAA and on what utilities should be doing with respect to State Plans while … Continue Reading

U.S. Supreme Court Reverses and Remands MATS to D.C. Circuit for EPA Failure to Consider Costs

In a 5 to 4 split decision, the U.S. Supreme Court ruled on Monday, June 29th, that the U.S. Environmental Protection Agency (“EPA”) unreasonably interpreted the federal Clean Air Act (“CAA”) when EPA decided deemed that costs were irrelevant in deciding whether to regulate hazardous air emissions from electric utility sources under section 112 of … Continue Reading

D.C. Circuit Dismisses Challenges to Proposed Clean Air Act Section 111(d) Rule

From Michael Cooke of GT Tampa The U.S. Court of Appeals for the D.C. Circuit has denied petitions to review the EPA’s proposed rule to regulate carbon dioxide emissions from existing electric generating sources.  See In re Murray Energy Corporation, No. 14-1112 (D.C. Cir. June 9, 2015).    The proposed the rule was issued under section 111(d) … Continue Reading

Federal Court Holds Land Deposition of Air Emissions Can Constitute “Disposal” of “Solid Waste”

A federal district court ruled on March 10 that citizens may bring a RCRA imminent and substantial endangerment case based on the ground deposition of material emitted from a facility’s smoke stacks.  The Little Hocking Water Assoc., Inc. v. E.I. du Pont Nemours & Co., 2015 BL 64422, S.D. Ohio, No. 09-cv-1081, 3/10/15.  Explicitly rejecting … Continue Reading
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