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...

The Third Circuit upheld an EPA rule imposing sulfur dioxide (S02) limits on a coal-fired power plant in Pennsylvania whose emissions travel directly across a river into areas of New Jersey. The owner of the plant challenged EPA's authority to impose direct regulations on the plant before the time t...

The Tenth Circuit upheld an EPA rule in which it rejected Oklahoma's regional haze plan to limit sulfur dioxide emissions at electric utility power plants and replaced it with its own more stringent regulations via a federal implementation plan (FIP). Petitioners—the state of Oklahoma, the utility...

The Tenth Circuit affirmed an EPA order denying an environmental group's petition to object to a CAA Title V operating permit for a coal-fired power station in Colorado. In its petition for an objection, the group argued that the permit needed to include a plan to bring the power station into compli...

A district court held that a settlement agreement bars a mining corporation from seeking contribution from a railroad company under CERCLA for environmental liability related to the Omaha Lead Superfund site in Omaha, Nebraska. Both parties owned the site at different times between 1871 and 1997. It...

The Fourth Circuit held that the discovery rule set forth in CERCLA §309 preempts North Carolina's 10-year limitation on the accrual of real property claims. The case arose after landowners filed a nuisance action against a corporation for allegedly contaminating their well water with concentrated ...

The Seventh Circuit held that the statute of limitations bars EPA's and Illinois' CAA suit against a power company for failing to obtain preconstruction permits and to use best available control technology (BACT) at five coal-fired power plants that were modified prior to it acquiring them in 1999. ...