The Tenth Circuit denied environmental groups' petition to review approval of Utah's July 2019 revised SIP addressing regional haze. The groups argued EPA abused its discretion by approving the SIP because Utah's alternative measure did not satisfy CAA national visibility goals, and that the Agency ...
A district court denied EPA's motion to dismiss a lawsuit challenging its failure to perform required ESA consultations with FWS and NMFS before approving the state of Washington's limits on aquatic cyanide in 1993, 1997, and 2007. An environmental group argued that EPA failed to complete ESA §7 co...
The Fifth Circuit, 2-1, granted a petition to review FERC orders it previously vacated and remanded, which instructed utilities in the WestConnect transmission planning region on how to implement a cost allocation scheme for grid improvements in the region. A utility company argued the orders, which...
A district court granted DOI's and the Army Corps of Engineers' motion to dismiss a lawsuit concerning construction of a wind farm off the coast of New York. Four homeowners sought to halt construction, claiming that onshore trenching associated with the project would worsen existing perfluoroalkyl ...
The Third Circuit denied an environmental group's petitions to review EPA's approval of certain air pollution control technology use at industrial facilities in Pennsylvania. The group argued EPA violated the CAA by focusing exclusively on emissions from those facilities instead of examining their i...
The Third Circuit vacated EPA's 2022 decision to reverse its prior determination and to require an oil refinery in the Virgin Islands to obtain a PSD permit before it can resume operations. The refinery owner petitioned for review, arguing EPA's application of its reactivation policy—under which a...
The D.C. Circuit granted in part and denied in part a petition to review FERC orders that permitted the creation of a new energy transmission service across several states in the Southeast. The first, the Deadlock Order, was adopted when the commissioners deadlocked 2-2 on whether the overall propos...
The D.C. Circuit denied a group of fuel refineries' petitions to review EPA's rule extending compliance reporting deadlines under the Renewable Fuel Standard program. The group argued the rule violated the CAA by providing obligated parties less than 13 months' compliance lead time—from EPA's anno...
The D.C. Circuit vacated DOE's 2020 rule establishing more stringent energy efficiency standards for commercial packaged boilers, and its 2022 supplemental document responding to the court's previous remand order that it address comments raised during the rulemaking process. Industry groups argued D...
A district court adopted a magistrate judge's findings and recommendations to grant in part and deny in part cross-motions for summary judgment in a lawsuit concerning the Forest Service's approval of a vegetation management project in the Kootenai National Forest. An environmental group had argued,...