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Sowinski v. Cal. Air Res. Bd.
The Federal Circuit held that the state of California did not infringe on an emissions trading-related patent, allowing the state's greenhouse gas emissions cap-and-trade program to continue. The plaintiff owns a U.S. patent that covers a method and apparatus for using electronic systems to claim an...
Liebhart v. SPX Corp.
A district court held that polychlorinated biphenyls (PCBs) being regulated under TSCA does not bar a Wisconsin couple from bringing a citizen suit under RCRA against a neighboring property owner for releasing PCBs during the demolition of a building on its property. The couple alleged that the demo...
Ecological Rights Foundation v. Pacific Gas & Electric Co.
The Ninth Circuit held that RCRA's "anti-duplication" provision does not preclude its application to stormwater discharges where EPA has not regulated them under the CWA. Concerned citizens brought a citizen suit against a utility company under RCRA, claiming it allowed harmful chemicals used to tre...
Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation
A district court held that owners of Volkswagen-branded franchise dealerships could move forward with their suit against an auto parts manufacturer over its alleged role in the Volkswagen diesel emissions scandal. The dealers contended that the manufacturer conspired with Volkswagen to help create a...
Sierra Club v. EPA
The D.C. Circuit held that EPA did not violate the CAA by modifying, without notice and comment, its prior understandings of how to measure a proposed transportation project’s impact on ambient levels of particulate matter. In 2006, EPA revised “hot spot" regulations for fine particulate matter....