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ENV-17-06 Clean Air Act Citizen Suits and Title V Objections: Cases and Strategies

Matthew Kuryla, Baker Botts LLP Harrison Reback, Baker Botts LLP

Format:
Electronic (digital download/no shipping)

Associate Member, International Member, Petrochemical Member, Refining Member - $0.00
Government, NonMember - $35.00

Description:

In recent years, nongovernmental organizations ("NGOs") have taken an increasingly larger role in litigation under the Clean Air Act ("CAA"). One avenue for NGO involvement is through the use of the CAA citizen suit provision. Using this mechanism under the CAA, NGOs have sought injunctive relief, substantial civil penalties, mitigation efforts, and considerable attorneys' fees. This paper reviews a recent court decision raising new issues with the scope of liability and remedies in citizen suits. NGOs have also advanced their goals by petitioning the Environmental Protection Agency ("EPA") to object to the revision or renewal of Title V permits. Key to these petitions are challenges to the integration of federally-approved programs like flexible permits and permits by rule. Here, regulated entities should ensure that Title V objections do not become a vehicle for the piecemeal dismantling of federally-approved programs built over decades to establish effective, protective and flexible tools for authorizing current operations and expansions.

Product Details:

Product ID: ENV-17-06
Publication Year: 2017