The Second Circuit denied an advocacy group's petition to review EPA's approval of a state SIP for attaining NAAQS for ozone by the applicable attainment date, holding that the plan did not violate the CAA or EPA regulations. EPA properly used the weight-of-evidence analysis to address uncertainties...

The Second Circuit held that CAA §304(a)(3) allows citizens to challenge a state determination that a prospective source of air pollution was not a major emitting facility and to bring suit to enjoin construction of the facility. The existence of potentially overlapping enforcement mechanisms d...

The U.S. Supreme Court held that an environmental group could not sue the BLM under APA §706(1) for failure to act to protect public lands from environmental damage caused by off-road vehicles (ORVs) because although FLPMA §1782(c) is mandatory as to the object to be achieved, it leaves th...

The Eleventh Circuit held that EPA acted arbitrarily and capriciously in failing to object to a state preconstruction permit for a new "power block" at a Georgia power plant. Georgia's preconstruction permit rule prohibits the state from granting permits to applicants that own or operate noncomplian...

The court holds that trucking companies lacked standing to challenge the U.S. Environmental Protection Agency's (EPA's) refusal to reconsider Clean Air Act emissions limits for 2004 for nitrous oxide and nonmethane hydrocarbon emissions from heavy heavy-duty diesel engines (HHDDE). The companies arg...

The court holds that §113(h) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) does not bar a company's claim that the unilateral administrative order regime of CERCLA §§106, 107(c)(3), and 113(h) violates the Due Process Clause of the Fifth Amendme...

The court upholds the U.S. Army Corps of Engineers' (the Corps) issuance of a Clean Water Act (CWA) §404 dredge and fill permit for the construction of a golf course and upscale housing development. Contrary to environmental groups' claim, the Corps' level of effort and documentation in its CWA...

The court holds that the Indiana Department of Natural Resources violated Clean Water Act (CWA) §404 when it discharged dredged material from a supply pond into a river without a permit. The dredging activity did not satisfy CWA §404(f)(1)'s maintenance exemption because a trier of fact co...

The court holds that it lacks jurisdiction over an automobile manufacturer's petition for review of U.S. Environmental Protection Agency (EPA) letters regarding enforcement actions based on the Agency's regulatory interpretation that automobile paint purge solvents are "solid waste" under the Resour...

The Second Circuit upholds all but one aspect of a U.S. Environmental Protection Agency (EPA) regulation designed to protect fish and other wildlife from harm by structures that withdraw cooling water from the nation's water bodies. For the most part, the regulation is based on a reasonable interpre...