A district court temporarily enjoined California from enforcing its low-carbon fuel standard, promulgated by the state air board to implement provisions of California's Global Warming Solutions Act of 2006. The standard was designed to reduce California's dependence on petroleum and to stimulate the production and use of alternative, low-carbon fuels in the state. Ethanol producers filed suit, arguing that the standard discriminates against out-of-state ethanol producers on its face. The court agreed.

A district court denied a coal-fired power plant's motion to dismiss or stay an environmental group's CWA citizen suit against it for discharging impermissible amounts of arsenic into the waters of the United States in violation of its state and federal discharge permits. The plant argued that the court should dismiss this case on Burford abstention grounds. The plant argued that the group's claims are an impermissible collateral attack on a permitting decision of the state.