The Ninth Circuit refused to rehear a case in which it previously ruled that environmental groups lacked standing to compel the Washington State Department of Ecology and other regional agencies to regulate greenhouse gas emissions from the state's five oil refineries under the CAA. One of the judge...
The D.C. Circuit denied a road building association's petition for review challenging EPA's CAA §209(e) regulations, which preempt certain state regulation of nonroad engines. In general, §209(e) preemption reaches nationwide. California, however, may adopt certain otherwise preempted regulations ...
A district court held that "coke oven gas condensate" (COGC) is not a solid waste under RCRA. The case arose after the U.S. government filed suit against a coke production facility for RCRA and CAA violations. The government alleged that COGC at the facility displays the toxicity characteristic for ...
The D.C. Circuit vacated EPA's new source review (NSR) rule for Indian country, which established a federal implementation plan (FIP) covering all Indian country nationwide except where EPA had already approved a tribal NSR program or expressly authorized a SIP to be enforced. Because SIPs did not o...