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California v. U.S. Environmental Protection Agency

The Ninth Circuit overturned a ruling denying EPA's motion to modify an injunction requiring it to promulgate a federal landfill emissions plan by November 6, 2019. The appellate court held that the district court abused its discretion in denying the Agency's request for relief because EPA promulgat...

Growing ESG Risks: The Rise of Litigation

As companies increase their environmental, social, governance (ESG) reporting and statements in response to market and shareholder demands, plaintiffs have pursued with growing success legal challenges to company claims and disclosures related to ESG performance. Similarly, inventive theories are being put forward to directly attack companies for alleged ESG-related performance and operational deficiencies. In both arenas, there has been a recent growth in efforts to hold companies accountable for supplier misconduct.

A Framework for Community-Based Action on Air Quality

Over the past 50 years, tremendous progress has been made in reducing air pollution under the Clean Air Act. Nevertheless, while air quality has improved greatly for much of the nation, there are still places where the goal of attaining national standards has still not been reached. This is often true in urban locations that are affected by multiple pollution sources; typically, these areas are also environmental justice communities. Recent events have called attention to the urgent need for concrete action to address the many problems of these communities.

Weymouth, Town of v. Massachusetts Department of Environmental Protection

The First Circuit amended a previous ruling vacating an air permit issued by the Massachusetts Department of Environmental Protection (MDEP) for a proposed natural gas compressor station that is part of a pipeline connecting the northeastern United States and Canada. The court had found that MDEP fa...

Sierra Club v. United States Environmental Protection Agency

The Third Circuit granted a petition to review EPA's approval of Pennsylvania's proposed NAAQS for ozone. An environmental group argued the standards wrongly claimed to reduce pollution output at the state's most advanced coal-burning power plants while "simply rubberstamping an average of current p...

POET Biorefining, LLC v. Environmental Protection Agency

The D.C. Circuit denied in part and dismissed in part a petition to review EPA's guidance concerning the process of certifying cellulosic biofuel. A biofuel company argued the guidance was a legislative rule that was invalidly promulgated without notice and comment, conflicted with the regulation it...

New Jersey v. Wheeler

A district court granted states' motion for summary judgment in a lawsuit concerning EPA's duty to limit air pollution drifting from upwind states into northeastern states. Connecticut, Delaware, Massachusetts, New Jersey, and New York argued that EPA failed to fulfill a nondiscretionary duty under ...

Environment Texas Citizen Lobby, Inc. v. ExxonMobil Corp.

The Fifth Circuit vacated and remanded a lower court decision that imposed penalties against an oil company for alleged CAA permit violations at its industrial complex in Baytown, Texas. Environmental groups filed a CAA citizen suit against the company, alleging violations that occurred thousands of...