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...

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...

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...

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...

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...

The Ninth Circuit held that BLM violated NEPA when it approved a proposed molybdenum mining operation near Eureka, Nevada. Environmental groups filed suit against BLM, challenging the agency's analysis of the project's cumulative air impacts and the baseline levels of certain air pollutants, and the...

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...

A district court dismissed a class action lawsuit against an automobile company for allegedly misleading consumers into purchasing certain diesel vehicles by misrepresenting their environmental impact. The class of consumers alleged that the company's advertisements and public statements represented...

The Ninth Circuit affirmed a lower court decision that the Hawaii Pesticides Law impliedly preempts a county ordinance that seeks to regulate pesticides and genetically engineered plants. The ordinance would have required commercial farmers to maintain “buffer zones” between crops to which pesti...

A district court held that EPA, in connection with its enforcement and implementation of the CAA, failed to adequately evaluate potential job losses, particularly with respect to the coal industry, in violation of CAA §321(a). Section 321(a) requires EPA to “conduct continuing evaluations of pote...