A recent ruling by the Tenth Circuit Court of Appeals carries significant implications across the West for air permitting. A three-judge panel, which was divided in its decision, vacated and remanded the EPA’s approval of Colorado’s state implementation plan (SIP). This decision was predicated on the state’s SIP exclusion of temporary sources of air emissions when assessing the applicability of its major source permit provisions. A deep analysis of this decision can be found on this JDSupra article.
The outcome of this court case represents a substantial shift in the way air quality permits are evaluated in western states. Traditionally, states like Colorado have been able to exclude temporary sources of emissions from assessments, which largely affect the permit procedures for major sources of emissions. The Tenth Circuit Court ruling changes this approach significantly.
This decision could affect a large number of industries that have intermittent or seasonal operations that are reflected as temporary emission sources. Industries such as construction, oil and gas exploration, forestry, waste management, road building, and utility service disruptions are particularly vulnerable. Decision looking to tap into potential opportunities or anticipate upcoming challenges should turn eyes fervently towards the ongoing litigation and regulatory developments to safeguard their interests.
In light of this ruling, corporations and law firms operating in the West should thoroughly review their air permitting strategies, ensuring that temporary sources of emissions are accounted for. Legal professionals should stand alert for upcoming regulatory developments, rule amendments, and shifts in the western states’ permit procedures. It is a pivotal moment for organizations to ensure they are not caught unprepared by these changing regulatory winds, and that they are ready to navigate new complexities introduced by this ruling.