A district court held that New York's Zero-Emission Credit (ZEC) program is not preempted by federal law. In an effort to curb the effects of global warming, New York issued a Clean Energy Standard (CES) Order that created two programs, one being ZEC. A ZEC is a “credit for the zero-emissions attr...

The D.C. Circuit held that EPA must justify emissions limits set for certain hazardous air pollutants. The CAA requires EPA to set limits for seven different hazardous air pollutants (HAPs). In 2015, the Agency claimed to have identified sources of these pollutants and set emissions limits for them....

A district court rejected a public utility's attempt at a global settlement with those impacted by a 2014 chemical spill into West Virginia's Elk River. On January 9, 2014, over 224,000 residents of Charleston, West Virginia, and the surrounding area suffered an interruption in their water supply ca...

A district court held that an agriculture company cannot pursue Superfund cost recovery against Spokane, Washington, over polychlorinated biphenyl (PCB) contamination in the Spokane River. The company produced PCBs from 1935 to 1970 that the city of Spokane claimed contributed to the impairment of t...

The D.C. Circuit held that EPA's verified recycler exclusion under RCRA was unreasonable. In 2015, EPA issued a final rule rule governing when certain hazardous materials qualify as “discarded,” subjecting them to the Agency's authority. The new rule required generators of waste to meet special ...

The Sixth Circuit held that a battery company did not waive insurance coverage in connection with a battery storage facility in New Jersey because of a settlement with its insurance company decades prior. The battery company acquired another company and discovered that several of its factories may h...

A district court held that a Mississippi landowner is not entitled to an injunction to stop alleged contamination from oil and gas production activities on his property. The landowner's property is subject to certain mineral leases, rights of way, and surface agreements allowing a company access to ...

The D.C. Circuit held that EPA must continue to enforce methane emissions regulations implemented by the previous administration. In 2016, an EPA regulation required oil and gas companies to find and fix leaking methane. The measure requires companies to upgrade equipment at the sites to better capt...

The Fourth Circuit held that it does not have jurisdiction to determine whether EPA violated the CAA when the agency failed to conduct continuing evaluations of potential loss or shifts of employment before implementing regulations. In 2014, several coal companies brought suit against EPA, alleging ...

A Minnesota appeals court held that the state Department of Natural Resources (DNR) erred by not obtaining a federal permit for a construction project that affected a lake's water level. Hoffman Lake and West McDonald Lake are separated by a strip of land less than 10 feet wide. In 2015, a Hoff...