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United States v. EME Homer City Generation L.P.

A district court dismissed the U.S. government's lawsuit against the current and former owners of a coal-fired power plant in Indiana County, Pennsylvania, for alleged CAA violations. The government alleged that the former owners undertook construction projects at the plant without having obtain...

Sinclair Oil Corp. v. Scherer

The court holds that a consent decree between the U.S. Environmental Protection Agency (EPA) and an oil company relating to contamination at the company's petroleum refinery does not bar an administrative action alleging that the company violated hazardous waste regulations requiring attachment of n...

In re Methyl Tertiary Butyl Ether Prods. Liab. Litig.

The court denies most of oil companies' motions to dismiss in a class action suit brought by individual well owners claiming that the companies knowingly caused methyl tertiary butyl ether (MTBE) contamination of their groundwater. The court first holds that the claims of several of the class partic...

LaFleur v. Whitman

The court denies a petition for review seeking reversal of the U.S. Environmental Protection Agency (EPA) Administrator's decision not to object to a state agency's determination that the heightened permitting requirements of the prevention of significant deterioration (PSD) program do not apply to ...

Flue-Cured Tobacco Coop. Stabilization Corp. v. EPA

The court vacates a district court decision that the U.S. Environmental Protection Agency (EPA) violated its statutory obligations under the Radon Gas and Indoor Air Quality Act (Radon Act) by issuing a report that analyzed the effects of secondhand smoke on human health and categorized secondhand s...

Atlantic States Legal Found. v. EPA

The court holds that environmental groups' claim that the U.S. Environmental Protection Agency (EPA) violated the Resource Conservation and Recovery Act (RCRA) by promulgating regulations allowing electric, telephone, and natural gas utilities in New York to accumulate hazardous waste at utility-own...

Oxygenated Fuels Ass'n v. Davis

The court affirms a district court holding that the Clean Air Act (CAA) does not preempt California's ban of the use of methyl tertiary butyl ether (MTBE) in oxygenated fuel. CAA §211(c)(4)(A) preempts state regulation of fuel for purposes of motor vehicle emissions, but California is exempt fr...

Reno-Sparks Indian Colony v. EPA

The court held that a 2002 U.S. Environmental Protection Agency (EPA) rule specifying that Nevada was divided into more than 250 baseline areas for the Clean Air Act (CAA) prevention of significant deterioration (PSD) program was not arbitrary or capricious. Based on an ambiguous 1991 EPA regulation...

Clean Air Mkts. Group v. Pataki

The court affirms a district court decision that New York Air Pollution Mitigation Law §66-k is preempted by the Clean Air Act (CAA) Title IV cap-and-trade system and violates the Supremacy Clause of the U.S. Constitution. Section 66-k requires the assessment of an air pollution mitigation offs...

United States v. Ohio Edison Co.

The court holds that an electric utility violated the Clean Air Act (CAA) when it completed 11 construction activities that modified a coal-fired electric-generating facility without first calculating post-construction emissions and obtaining preconstruction CAA prevention of significant deteriorati...