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Sierra Club v. Energy Future Holdings Corp

A district court ordered an environmental group to pay $6.4 million in attorney fees in a citizen suit it filed against the owners of a Texas coal-fired power plant for alleged CAA violations. Below, the court dismissed the group's claims that the plant violated the Act's particulate matter (PM) and...

Center for Community Action & Environmental Justice v. BNSF Railway Co.

The Ninth Circuit upheld the dismissal of environmental groups' RCRA citizen suit against a railroad company seeking to enjoin the emission of particulate matter found in diesel exhaust from the company's railyards. RCRA’s citizen suit provision permits any person to sue the owner or operator of a...

Asarco, LLC v. Union Pacific Railroad Co.

The Eighth Circuit upheld the dismissal of a company's breach of contract and contribution claims against a railroad in connection with a lead-contaminated Superfund site in Omaha, Nebraska. The company paid approximately $200 million to settle its liability with the government, and the railroad set...

Sierra Club v. U.S. Environmental Protection Agency

The Ninth Circuit vacated and remanded EPA's decision to issue a PSD permit allowing a power company to build and operate a 600 megawatt natural gas-fired power plant. EPA missed the one-year statutory deadline to grant or deny the permit; during this same period, EPA tightened the applicable air qu...