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Ass'n of Irritated Residents v. U.S. Environmental Protection Agency

The Ninth Circuit granted in part and denied in part a petition to review EPA's final rule approving California's SIP for meeting the air quality standard for ozone in the San Joaquin Valley. An environmental group argued the SIP's contingency measure was inadequate because it provided only a nomina...

Hearth, Patio & Barbecue Ass'n v. Environmental Protection Agency

The D.C. Circuit denied a challenge to EPA's 2015 rule updating the standards under which the Agency audits wood-burning heaters' compliance with CAA emissions limits. An industry group argued the rule was invalid because, unlike the 1988 rule, it authorized testing at other labs and neither account...

United States v. Ameren Missouri

The Eighth Circuit affirmed in part and reversed in part a district court ruling in an ongoing enforcement suit concerning air pollution at a utility company's coal-fired power plant in Missouri. EPA argued the company violated the CAA, Missouri's SIP, and its Title V permit by performing modificati...

Environmental Health Trust v. Federal Communications Commission

The D.C. Circuit granted in part petitions to review the Federal Communications Commission's (FCC's) order regarding the adequacy of the Commission's guidelines for exposure to radiofrequency (RF) radiation. Environmental groups argued the FCC violated the APA by failing to acknowledge evidence of n...

Public Citizen, Inc. v. Federal Energy Regulatory Commission

The D.C. Circuit granted in part and denied in part a challenge to FERC's orders addressing complaints over the results of a 2015 auction for electrical capacity in Illinois. A public interest group had complained the auction had resulted in electricity rates that were unjust and unreasonable, that ...

National Parks Conservation Ass'n v. Federal Energy Regulatory Commission

The Ninth Circuit upheld FERC's denial of an environmental group's motion to intervene in post-licensing deadline extension proceedings for a hydroelectric project in California. The group had argued that FERC violated Rule 214 of the Commission's regulations in denying intervention and §6 of the F...

Growth Energy v. Environmental Protection Agency

The D.C. Circuit granted in part environmental groups' petition to review EPA's 2019 rule setting annual renewable fuel volume levels under the Renewable Fuel Standard (RFS) program. The groups argued that EPA's "aggregate compliance approach" for determining whether biofuel qualifies as renewable f...