The D.C Circuit denied an industry group's challenge to EPA's 2021 rule requiring power plants in several upwind states to reduce nitrogen oxide emissions. The group argued the rule was arbitrary and capricious, and that EPA failed to conduct a legally and technically appropriate assessment as requi...

The Sixth Circuit granted a petition to review EPA's removal of an air nuisance rule from Ohio's SIP. Environmental groups and individuals argued that EPA violated the CAA and APA in removing the rule. EPA moved to remand without vacatur to review its removal of the rule. The court found that vacatu...

The Fifth Circuit granted small refiners' motion to stay certain compliance obligations under the CAA pending appeal of EPA's decision denying their requested hardship exemptions from the Act's Renewable Fuel Standard obligations. The refiners argued EPA's late 2021 interpretation of CAA provisions ...

A district court denied the state of Illinois' motion to remand to state court a lawsuit concerning three companies' manufacturing and subsequent disposal of polychlorinated biphenyls (PCBs). Illinois filed suit in state court, arguing the companies manufactured, marketed, and sold PCBs that led to ...

The Ninth Circuit granted in part and denied in part petitions to review EPA's 2019 amended registration of the pesticide sulfoxaflor. Environmental groups alleged that the registration, which unconditionally approved new uses of sulfoxaflor requested by the company that created the pesticide, viola...

The D.C. Circuit, 2-1, granted a joint motion to hold in abeyance four petitions to invalidate pesticide registration orders issued by EPA. Conservation groups initially petitioned the court for vacatur and remand of five registrations for failure to comply with the ESA. The parties then jointly req...

The D.C. Circuit dismissed for lack of standing a petition to review a 2016 EPA rule concerning greenhouse gas emissions and fuel efficiency standards for medium- and heavy-duty engines and vehicles. A coalition representing businesses that make and sell aftermarket car products challenged the rule'...

The D.C. Circuit dismissed an oil company's petition to review EPA's response concerning the decommissioning status of two oil platforms off the California coast. The company initially asked EPA for guidance on whether, as the process moves forward, the platforms would cease to qualify as regulated ...

In an unpublished opinion, the Ninth Circuit granted in part environmental groups' petition to review EPA's registration of a new fungicide called inpyrfluxam. The groups argued EPA failed to make an effects determination under §7(a)(2) of the ESA and to consult with federal wildlife agencies, and ...

The U.S. Supreme Court held, 6-3, that President Barack Obama's EPA had exceeded its statutory authority under §111(d) of the CAA when it promulgated the Clean Power Plan to address carbon dioxide pollution from existing power plants. States and coal companies had petitioned for review of the plan,...