April 14, 2016
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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Mark Allison, Dover and Dixon, Al Eckert, Quattlebaum, Grooms and Tull and I undertook a presentation titled Clean Air Act Case Update (“Presentation”) at the April 12th Arkansas Environmental Federation’s annual Air Seminar.
The Presentation addressed a variety of issues associated with federal and Arkansas implementation of the Clean Air Act and several ancillary issues.
The topics addressed included:
- Overview of “Cooperative Federalism”
- Federal Clean Air Act Oversight
- Regional Haze Case Law
- Alaska Department of Conservation v. Environmental Protection Agency (“EPA”) (Supreme Court addressing EPA’s role in reviewing state BACT decisions)
- NPCA v. EPA (Addressing BART issues)
- NPCA v. McCarthy (Addressing BART and transport rule)
- Nebraska v. EPA (Addressing EPA’s review of Nebraska State Implementation Plan [“SIP”]/issuance of Federal Implementation Plan[“FIP”])
- Arizona v. EPA (Disapproval of SIP/promulgation of FIP)
- Clean Power Plan Status
- EME Homer City Generation L.P. v. EPA (Cross-State Air Pollution Rule)
- Michigan v. EPA (Must Costs Be Considered?)
- Nucor Corporation Arkansas Pollution Control and Ecology Commission appeal of Big River Steel, LLC air permit/citizen suit
- Haney v. Range Resources (Can air monitoring data developed by environmental consultants for a client be obtained in litigation discovery?)
- Sierra Club v. Oklahoma Gas and Electric (Addressing whether failure to obtain a Prevention of Significant Deterioration permit continues to violate the Clean Air Act for statute of limitation calculation purposes?)
- Freeman v. Grain Processing Corporation (Does the Clean Air Act preempt state-law tort claims?)
- Pennsylvania Future v. Ultra Resources, Inc. (Addressing whether certain oil and gas operations should be aggregated for permitting purposes?)
- Cook v. EPA (Does EPA have mandatory duty to regulate ammonia and hydrogen sulfide as a criteria air pollutants?)
Click here to download a copy of the slides from the presentation.
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