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California Dump Truck Owners Ass'n v. Nichols

The Ninth Circuit upheld the dismissal of a trucking association's federal preemption challenge to a California environmental regulation on diesel trucks. The regulation requires heavy-duty diesel trucks, whose emissions contribute significantly to particulate matter and ozone pollution, to be upgra...

Suction Dredge Mining Cases

A California court held that federal mining law preempts a state law that effectively bans the use of any vacuum or suction dredge mining in streams and rivers on federal lands. Under Cal. Fish & Game Code §5653, the use of any vacuum or suction dredge equipment by any person in any river strea...

United States v. Oklahoma Gas & Electric Co.

A district court dismissed EPA's lawsuit against an Oklahoma utility under the CAA alleging that it failed to properly project whether modifications made to two coal-fired power plants would result in an increase in emissions. The plants were constructed before Congress enacted the PSD program. As a...