Law and the Environment

EPA Continues Rejection of Texas Clean Air Act Permitting Programs

The US Environmental Protection Agency continues to disprove of the air emissions permitting program established by the State of Texas under the federal Clean Air Act.  On September 15, 2010, the EPA disapproved the Texas Major and Minor New Source Review programs. 

EPA is disapproving the Major Nonattainment NSR SIP requirements for implementation of the 1997 8-hour ozone national ambient air quality standard (NAAQS) and the 1-hour ozone NAAQS. EPA is disapproving the submitted Standard Permit (SP) for Pollution Control Projects (PCP) because EPA concluded that it does not meet the requirements of the CAA for a minor NSR Standard Permit program.

EPA is also disapproving a submitted severable definition of best available control technology (BACT) that is used by TCEQ in its Minor NSR SIP permitting program.  EPA is not addressing the submitted
revisions concerning the Texas Major PSD NSR SIP, which the agency says will be addressed in a separate action.

The State of Texas has sued EPA over its prior actions disapproving of permitting programs.  The Sierra Club has filed suit to force EPA to address certain permitting actions it alleges are inconsisent with the Clean Air Act.

PATTON BOGGS ADDS TOP ENVIRONMENTAL LAWYER

 

 

Dallas, August 24, 2010—Scott Deatherage is joining Patton Boggs LLP, strengthening the firm’s ability to advise clients on a growing array of environmental, climate change and renewable energy issues.

Mr. Deatherage, a well known environmental attorney, joins the firm’s Dallas office as a partner from Thompson & Knight LLP where he led the firm’s climate change and renewable energy practice group.

At Patton Boggs, Mr. Deatherage plans to help corporate clients navigate a host of impending environmental regulations, climate change and greenhouse gas regulation, renewable energy and the carbon trading markets.

 “Scott boosts our environmental practice with his keen understanding of ever evolving regulations from Washington and how those rules impact businesses,” said Michelle Suarez, managing partner of the firm’s Dallas office. “We are delighted to have such a talented and experienced environmental attorney join our ranks.”

Selected as the Dallas Environmental Lawyer of the Year this year by The Best Lawyers in America, Mr. Deatherage’s practice includes permitting, compliance, administrative law and judicial litigation on a variety of environmental issues including, air emissions, wastewater discharges, hazardous waste, hazardous substances and toxic substances. He has extensive experience representing clients in federal and state courts as well as before local, state and federal environmental agencies.

Mr. Deatherage writes Law and the Environment and the New Carbon Cycle, blogs that address developments affecting environmental law, climate change regulation, carbon credits and renewable energy.

“This is an exciting opportunity to leverage Patton Boggs’ in-depth knowledge of Washington to assist corporate clients in addressing a host of impending environmental regulations, developing climate change and greenhouse gas regulations, and the opportunities in renewable energy and energy efficiency,” said Mr. Deatherage, who earned his law degree in 1987 from Harvard Law School.