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United States v. Gibson Wine Co.

A district court denied a winery's motion to strike claims by EPA under CERCLA, the CAA, and other statutes in connection with a release of ammonia that claimed the life of one worker. In 2012, the winery experienced a 284-pound release of anhydrous ammonia from its refrigeration system. A cloud of ...

Yazzie v. EPA

The Ninth Circuit rejected challenges to EPA's interpretation of the Tribal Authority Rule under the CAA in a case concerning a coal-fired power plant on Navajo land. In 2013, in response to Navajo Nation's failure to issue a Tribal Implementation Plan for the coal-fired plant, EPA proposed federal ...

Cal. Cmtys. Against Toxics v. Pruitt

A district court denied EPA’s request for a five-year extension to review hazardous emissions standards under the CAA covering 20 different industries. Plaintiffs brought suit to compel EPA to finalize emissions standards for the 20 regulated industries, and suggested a timeline of no more than tw...

Sierra Club v. Pruitt

A district court granted EPA's request for an extended deadline to respond to two petitions filed by an environmental group concerning the issuance of two CAA title V operating permits. EPA issued the permits for two coal-fired power plants operating in North Carolina. In June 2016, the plaintiffs f...

Sierra Club v. Pruitt

A district court granted EPA's request for an extended deadline to respond to two petitions filed by an environmental group concerning the issuance of two CAA title V operating permits. EPA issued the permits for two coal-fired power plants operating in North Carolina. In June 2016, the plaintiffs f...

United States v. Navistar Int'l Corp.

A district court granted summary judgment in EPA's favor against an engine maker for introducing on-highway engines into commerce without certification, in violation of the CAA. The Act requires that a manufacturer of on-highway engines apply for and obtain a Certificate of Conformity for those engi...

United States v. Navistar Int'l Corp.

A district court granted summary judgment in EPA's favor against an engine maker for introducing on-highway engines into commerce without certification, in violation of the CAA. The Act requires that a manufacturer of on-highway engines apply for and obtain a Certificate of Conformity for those engi...

United States v. Amereen Missouri Inc.

A district court held that an energy company violated the CAA when it undertook major modifications at its power plant without getting the proper permits and installing the best available pollution control technology. The energy company operated a plant that included two grandfathered coal-fired ele...

United States v. DTE Energy Company

The Sixth Circuit held that the CAA does not categorically prevent EPA from challenging preconstruction projections of whether and to what extent emissions will increase following new source construction. In March 2013, the appellate court reversed and remanded a district court ruling in favor of an...

U.S. Sugar Corp. v. Environmental Protection Agency

The D.C. Circuit granted EPA's request to remand the NESHAPs for industrial, commercial, and institutional boilers to the Agency without vacatur so that it can conduct rulemaking to modify them in accordance with the court's earlier ruling. On July 29, 2016, the court granted in part and denied in p...