Startup/Shutdown/Malfunction/Clean Air Act: Federal Appellate Court Upholds Title V Affirmative Defense
September 9, 2025
by Walter G. Wright, Jr.
The United States Court of Appeals District of Columbia Circuit (“Court”) addressed in a September 5th Opinion the validity of the Clean Air Act Startup/Shutdown/Malfunction (“SSM”) affirmative defense. See SSM Litigation Group v. Environmental Protection Agency, 2025 WL 2552531. The SSM Litigation…
Spring 2025 United Agenda of Regulatory and Deregulatory Actions: Projected United States Environmental Protection Agency Activities
September 9, 2025
by Walter G. Wright, Jr.
The United States Environmental Protection Agency (“EPA”) released a somewhat delayed Spring 2025 Semi-Annual Agenda of Regulatory and Deregulatory Actions (“Agenda”). The Agenda includes information addressing: EPA regulations in the Semi-Annual Agenda that are under development, completed, or…
Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and McGehee Rice Milling Plant Enter into Consent Administrative Order
September 9, 2025
by Walter G. Wright, Jr.
The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Harvest Rice, LLC (“Harvest Rice”) entered into a July 30th Consent Administrative Order (“CAO”) addressing an alleged violation of an Air Permit. See LIS No. 25-060. The CAO provides that Harvest Rice…
Endangered Species Act/Ozark Shiner: U.S. Fish and Wildlife Service Publishes Decision Not to List as Endangered/Threatened
September 8, 2025
by Walter G. Wright, Jr.
The United States Fish and Wildlife Service (“Service”) published a September 4th “Notification of Findings” in the Federal Register identifying five species it has determined are not warranted for listing as endangered or threatened under the Endangered Species Act (“ESA”). See 90 Fed. Reg. 42725…
Pipeline and Hazardous Materials Safety Administration Grant Program/Pipeline Safety: Arkansas Awarded $729,929
September 8, 2025
by Walter G. Wright, Jr.
The Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued a news release announcing $86 million in grants to: …enhance states’ pipeline safety programs. PHMSA states that the grants will help its “state partners” inspect more than 85 percent of the nation’s 3.3-million-mile…