The court upholds Resource Conservation and Recovery Act civil penalties of $ 4,746,500 against a gas station owner for violating U.S. Environmental Protection Agency (EPA) administrative orders issued after a serious gasoline spill from the station. The court first holds that the civil penalty impo...

The court holds that U.S. Environmental Protection Agency (EPA) regulations limiting the content of volatile organic compounds (VOCs) in architectural coatings and paints under the Clean Air Act (CAA) are lawful. The court first holds that nothing in the CAA unambiguously requires EPA to analyze the...

The court upholds the U.S. Environmental Protection Agency's (EPA's) approval of the Nevada Clean Air Act (CAA) state implementation plan (SIP) revision that requires gasoline sold in the wintertime in Clark County, Nevada, which is a serious nonattainment area for carbon monoxide (CO), to contain a...

The court holds that three electric utilities may maintain their breach of contract claims against the government for the failure to begin by January 1, 1998, the disposal of spent nuclear fuel waste produced at the utilities' plant as agreed to in a 1983 contract. The government conceded that it wo...

The court reverses the dismissal of a utility's breach of contract claim against the government for failing to dispose of the utility's spent nuclear waste beginning no later than January 1, 1998, as agreed to in a 1983 contract. The government notified the utility that it would be unable to begin d...

The court affirms the U.S. Environmental Protection Agency's (EPA's) disapproval of a revision to the Michigan Clean Air Act (CAA) state implementation plan (SIP) that automatically exempts from state review emissions violations resulting from the startup, shutdown, or malfunction (SSM) of the sourc...

The court dismisses a power plants's motion to challenge the U.S. Environmental Protection Agency's (EPA's) determination that a proposed new plant, when combined with an existing plant, would constitute a single source of air emission for permitting purposes under the Clean Air Act (CAA). The plant...

The court holds that individuals lack standing to bring a Clean Air Act (CAA) citizen suit against a petroleum refinery for failing to report certain CAA emissions violations from its catalyst regenerator, but the individuals do have standing to maintain a CAA citizen suit against the refinery for f...

The court refuses to preliminarily enjoin a lessee from using a soil vapor extraction (SVE) cleanup method during the remediation of its leased property or to require the lessee to remediate all contamination at the site. The lessee subleased the property at issue to a dry cleaner who released hazar...

The court holds that the U.S. Environmental Protection Agency (EPA) erroneously classified two stationary gas turbines in an electrical power complex as subject to regulation under the new source performance standards (NSPS) for petroleum refineries. The regulations apply to affected facilities in p...