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Mann v. National Review, Inc.

A D.C. court denied a conservative publication's motion for reconsideration of the court's earlier decision denying the publication's motion to dismiss a climate scientist defamation suit against it. There is sufficient evidence in the record to demonstrate that the scientist is likely to succeed on...

California Chamber of Commerce v. California Air Resources Board

A California court issued a tentative decision upholding the California Air Resource Board's (CARB's) authority to sell greenhouse gas allowances at auction under the California Global Warming Solutions Act of 2006, also known as Assembly Bill 32 (AB 32). The court tentatively agreed that the auctio...

In re Methyl Tertiary Butyl Ether Products Liability Litigation

The Second Circuit affirmed a lower court decision finding oil companies liable for contaminating New York City wells with methyl tertiary butyl ether (MTBE) and awarding a $104.69 million judgment in favor of the city. A jury had found the companies liable under New York tort law for contaminating ...

Texas v. Environmental Protection Agency

The D.C. Circuit denied states' and industry groups' petitions challenging EPA rules establishing CAA permitting requirements in states that do not have implementation plans for greenhouse gases. The rules were designed to ensure that a permitting authority was available to issue the required greenh...

Poet v. California Air Resources Board

A California appellate court held that the California Air Resources Board (CARB) violated the California APA and the California Environmental Quality Act (CEQA) when it adopted its Low Carbon Fuel Standards (LCFS) regulations to reduce the carbon content of transportation fuels sold, supplied, or of...

Sahu v. Union Carbide Corp.

The Second Circuit affirmed a lower court's grant of summary judgment in favor of a chemical manufacturing company sued by several individuals seeking to recover from injuries allegedly caused by their exposure to soil and drinking water polluted by hazardous wastes produced at a pesticide plant in ...

Center for Biological Diversity v. Environmental Protection Agency

The D.C. Circuit vacated an EPA rule that deferred regulation of biogenic carbon dioxide—non-fossil-fuel carbon dioxide sources such as ethanol—for three years. Although the "Deferral Rule" is a temporary regulation, it functions, in effect, as a permanent exemption from the PSD permitting requi...