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 ...
A California court found that three gas station operators failed to comply with requirements for monitoring and maintaining underground storage tanks. During several inspections the defendants were told of their violations concerning the tanks, which included tampering with leak-detection systems an...
The Fourth Circuit upheld a lower court ruling that a coal company isn't liable for claims by property owners over water disposed of in a mine beneath their property because Virginia's statute of limitations prohibited the suit. The coal company undertook “dewatering” its active mine and disposi...
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...
A district court ruled that an insurance company owes no coverage for injuries from a carbon monoxide leak. A construction company allegedly negligently installed ventilation for a natural gas pool heater and failed to warn against the risks of carbon monoxide poisoning if the vents were not properl...
A district court ruled that an insurance company owes no coverage for injuries from a carbon monoxide leak. A construction company allegedly negligently installed ventilation for a natural gas pool heater and failed to warn against the risks of carbon monoxide poisoning if the vents were not properl...
A district court denied native tribes' request for injunctive relief to stop the Dakota Access oil pipeline planned to run under Lake Oahe, due to laches and their unlikelihood of success on the merits. The federal government granted easements to an oil company to build a pipeline through the native...
The Fourth Circuit upheld over $22 million in damages that an energy company was ordered to pay to a Virginia utility because the coal supplied to a new power plant was of such poor quality it couldn't initially be used. When the plant was commissioned, the utility entered into an option contract to...
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 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...