February 28, 2020
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The Sierra Club, Center for Biological Diversity, and other organizations (collectively “Sierra Club”) filed a February 14th Petition for Judicial Review (“Petition”) challenging a January 6th Louisiana Department of Environmental Quality (“LDEQ”) final decision granting Clean Air Act Prevention of Significant Deterioration and Title V/Part 70 Air Operating Permits (collectively “Permits”).
The Permits were issued to FG LA LLC (“Permittee”) to construct and operate a new chemical complex in St. James Parish, Louisiana.
Sierra Club filed the Petition in the 19th Judicial District (Parish of East Baton Rouge). Sierra Club asks that the Court vacate LDEQ’s decision to issue the Permits arguing they violate the:
- Louisiana Environmental Quality Act
- Louisiana air regulations
- Article IX, Section 1 of the Louisiana Constitution
The chemical complex is described as comprising 14 separate facilities which would include 10 chemical plants. The processes are stated to include manufacture of ethylene and propylene.
The Petition addresses subjects such as:
- Air quality and prevention of significant deterioration
- Modeling
- Consultation requirements with the United States Environmental Protection Agency (“EPA”) Region 6 on Class I Modeling
- Ambient air monitoring requirements
- National ambient air quality standard and increments
- Potential to emit
- Monitoring
- Greenhouse gases
- Historical burial sites of formerly enslaved persons
- Cost-benefit analysis
- Avoidance of adverse environmental effects
- Alternative projects
The Petition requests that LDEQ’s decision to issue the Permits be vacated and that all activity authorized pursuant to the permits be enjoined.
A copy of the Petition can be downloaded here.
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