One of the ongoing debates in the area of air permitting is whether state and local air quality control officials could impose monitoring conditions in Title V permits in addition to those that are required by EPA. Title V permits are the permits for major air pollution sources, and information about the permits, and a list of those permits issued in West Virginia, can be found here. The Court of Appeals for the DC Circuit, which hears many administrative law cases, has ruled that states like West Virginia can impose monitoring requirements in addition to those required by federal regulations.
An excellent article by Dustin Till of the Marten Law Group explains in greater detail the import of the court's decision.
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