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Hempstead County Hunting Club v. Southwestern Elec. Power Co.

The Eighth Circuit upheld as moot a lower court decision denying a hunting club's motion to preliminarily enjoin a power company from constructing a 600-megawatt pulverized coal-fired power plant in Hempstead County, Arkansas, without first obtaining a prevention of significant deterioration permit ...

Natural Resources Defense Council v. EPA

The D.C. Circuit denied an environmental group's petition for review of U.S. Environmental Protection Agency (EPA) air quality regulations governing the exclusion of emissions data from state reporting requirements during exceptional events such as natural disasters. The rule allows states to list s...

National Parks Conservation Ass'n v. Tennessee Valley Auth.

A district court held that environmental groups' citizen suit against the Tennessee Valley Authority (TVA) for violating the Clean Air Act, the Tennessee state implementation plan, and related regulations in conjunction with its operation of coal-fired power plant in Bull Run, Tennessee, must procee...

National Parks Conservation Ass'n, Inc. v. Tennessee Valley Auth.

A district court entered judgment for the Tennessee Valley Authority (TVA) with respect to environmental groups’ claims that the TVA violated the CAA and the Tennessee SIP in its operation of a fossil fuel-fired electricity generating facility. The groups argued that two projects, the economiz...

Fresno, City of v. United States

A district court dismissed a city's RCRA and the California Hazardous Substances Account Act against the United States in a dispute concerning the environmental remediation of Old Hammer Field in Fresno, California. The site, presently occupied by an airport, was used by the United States as an Army...

Great Basin Mine Watch v. EPA

The Ninth Circuit held that the U.S. Environmental Protection Agency (EPA) did not act arbitrarily, capriciously, or contrary to law when it granted Nevada's request to split one of its clean air areas into two. Contrary to an environmental group's claim, the presence and operation of a mine in the ...

New York v. EPA

The court remanded portions of a 2002 U.S. Environmental Protection Agency (EPA) rule interpreting when a major stationary source undertakes a "modification," thereby triggering the Clean Air Act's new source review (NSR) requirements. EPA erred in promulgating the clean unit applicability test, whi...

Sierra Club v. Tennessee Valley Auth.

The court affirms a district court's grant of summary judgment to the Tennessee Valley Authority (TVA) on environmental groups' request for civil penalties and on its claim as to violations of the Clean Air Act's (CAA's) 20% opacity limitation occurring before May 20, 1999, but it reversed summary j...

Knox v. Department of Labor

The court reverses the dismissal of an individual's complaint against his employer under the Clean Air Act's (CAA's) whistleblower provision. The U.S. Department of Labor's Administrative Review Board (ARB) dismissed the complaint reasoning that the individual did not engage in a protected activity ...

United States v. Horne

A court partially grants the U.S. motion to collaterally estop defendants from denying their liability as owners and operators of the Armour Road Superfund site in North Kansas City, Missouri. Except for one of the defendants, prior actions against the defendants were final, or sufficiently final, t...