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HBC BLOG
Stay informed on the latest developments in environmental law, from policy changes and regulatory updates to sustainability initiatives. Our blog provides expert insights, analysis, and practical guidance to help you navigate the ever-evolving landscape of environmental regulations. Check back regularly for in-depth articles, breaking news, and thought-provoking discussions on the issues that matter most.


A new beginning for “begin actual construction”?
On September 2, 2025, Aaron Szabo, Assistant Administrator for Air and Radiation, issued a letter responding to a request for guidance on...
Sep 164 min read


Court Adheres to Broad Meaning of “Operator” in NSR Enforcement
On August 25, 2025, the Eastern District of Michigan held, in United States v. EES Coke Battery, LLC (E.D. Mich. Case No. 22-11191), that...
Sep 98 min read


Fifth Circuit rejects prior permit necessarily determines BACT
On August 12, 2025, the Fifth Circuit, after receiving back the Texas Supreme Court’s response to its certified question in Port Arthur...
Aug 254 min read
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NSR “Operator” Liability, by Eric L. Hiser
In United States v. EES Coke Battery, LLC , 2024 WL 2271825 (E.D. Mich. May 20, 2024) (Case No. 22-11191), the EPA and DOJ seek to......
jmaiden
Nov 6, 20241 min read


Fifth Circuit Withdraws PACCAN Opinion, by Eric L. Hiser
In our December 5, 2023, post " Fifth Circuit Rejects 'Demonstrated' as Element of BACT ," we reported that the U.S. Court of Appeals...
jmaiden
Aug 27, 20241 min read


Fifth Circuit Upholds SILs, by Eric L. Hiser
On April 29, 2024, in Sierra Club v. LDEQ, --- F.4th ---, the Fifth Circuit Court of Appeals upheld the Louisiana Department of... Read More
jmaiden
May 13, 20241 min read


EPA's Revisions to Project Emissions Accounting Published
EPA's proposed revisions to NSR "project emissions accounting" were published in today's Federal Register as "Prevention of...
jmaiden
May 3, 20241 min read


New PM2.5 SIL Released by Eric L. Hiser
On April 30, 2024, EPA released "Supplement to the Guidance on Significant Impact Levels for Ozone and Fine Particles in the...
jmaiden
May 3, 20241 min read


EPA Proposes Sweeping NSR Changes, by Eric L. Hiser
On February 22, 2024, EPA released a pre-publication draft of its proposed rule on “Prevention of Significant Deterioration (PSD)...
jmaiden
Mar 14, 20241 min read


Preparing for the New PM2.5 NAAQS, by Eric L. Hiser
EPA released the 2024 PM2.5 revisions today in pre-Federal Register draft form. The new primary annual PM2.5 NAAQS is set at 9...
jmaiden
Feb 7, 20241 min read


Carbon Capture Facility May Not Be an NSR "Support Facility", by Eric L. Hiser
In a recent action involving the Red Cedar Gathering Company ("Red Cedar"), EPA Region 8 determined that a carbon dioxide capture...READ...
jmaiden
Jan 17, 20241 min read


Fifth Circuit Rejects "Demonstrated" as Element of BACT, by Eric L. Hiser
In Port Arthur Community Action Network v. TCEQ, the Fifth Circuit sided with a community organization challenging the Port Arthur...
jmaiden
Dec 11, 20231 min read


"Reactivation" Deactivated, by Eric L. Hiser
Readers of this blog are familiar with the struggles over the fate of the St. Croix refinery built and operated by HOVENSA until 2012.... ...
jmaiden
Jul 26, 20231 min read


EPA NSR Rule Plans for 2023, by Eric L. Hiser
In the semiannual regulatory agenda publication and at the Air & Waste Management Association (A&WMA) Annual Conference and...
jmaiden
Jun 19, 20231 min read


NSR and EJ: Part 2, by Eric L. Hiser
A critical element in addressing environmental justice concerns is understanding the legal tools available to both EPA and...
jmaiden
Mar 27, 20231 min read


NSR and EJ: Part 1, by Eric L. Hiser
Welcome to the start of an occasional series analyzing EPA’s efforts to implement the Administration’s goals of enhancing...
jmaiden
Feb 14, 20231 min read


"Second Guessing" Returns, by Eric L. Hiser
On December 9, 2022, EPA Administrator Michael Regan issued "New Source Review Preconstruction Permitting Requirements: Enforceability...
jmaiden
Dec 19, 20221 min read


EPA: "permitted" means "achievable" for BACT, by Eric L. Hiser
On August 31, 2022, the EPA issued “EPA Comments Concerning BACT Evaluations” in TCEQ Docket 2021-0942-AIR and SOAH Docket 582-22-0201 on...
jmaiden
Nov 29, 20221 min read


New Fugitive Emissions Proposal, by Eric L. Hiser
On October 14, 2022, EPA published for both the PSD and NNSR programs a proposed rule entitled “Reconsideration of ...
jmaiden
Oct 21, 20221 min read


New Guidance on Ozone and Fine Particulate Modeling, by Eric L. Hiser
On July 29, 2022, EPA’s Air Quality Assessment Division and Air Quality Policy Division jointly issued new ...
jmaiden
Sep 19, 20221 min read


EPA Outlines NSR Initiatives for 2022-2023, by Eric L. Hiser
Peter Keller of EPA’s NSR group provided an overview of the EPA’s NSR initiatives for the 2022-2023 period at the Air & Waste Management...
jmaiden
Aug 22, 20221 min read


NSR "Relaxation" Clarified, by Eric L. Hiser
On September 1, 2021, EPA Region 7 responded to a request from the Iowa Department of Natural Resources (IDNR) for guidance on the...
jmaiden
Apr 25, 20221 min read


Analysis: EPA's Petition for Reconsideration in Ameren, by Eric L. Hiser
In this installment, we examine the United States v. Ameren Missouri litigation over whether Ameren’s installation of replacement...
jmaiden
Mar 11, 20221 min read
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