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Murray Energy Corp. v. McCarthy
A district court held that it has subject matter jurisdiction over a CAA §321(a) lawsuit against EPA for its alleged failure to evaluate the potential for job losses due to its CAA regulation and enforcement efforts. EPA filed a motion to dismiss, arguing that the statute is discretionary and that ...
Clean Water Action Council of Northeastern Wisconsin, Inc. v. United States Environmental Protection Agency
The Seventh Circuit dismissed an environmental group's lawsuit challenging EPA's decision not to object to Wisconsin's renewal of a Title V permit for a pre-1975 paper mill. Under the CAA's PSD program, emissions from pre-1975 sources count as part of the emissions baseline and not toward the overal...
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...