The Fifth Circuit held that notices of violations EPA sent to two power plant operators for alleged CAA violations were not "final agency action" and, hence, not subject to judicial review. In the notices, EPA claimed that the operators violated the Act's PSD provisions in connection with certain ph...

A district court upheld National Park Service (NPS) regulations restricting off-road vehicle (ORV) use in North Carolina's Cape Hatteras National Seashore at certain times of the year. Petitioners argued the rule was arbitrary and capricious, an abuse of discretion, and otherwise not in accordance w...

The D.C. Circuit held that environmental groups lacked standing to challenge an EPA memo issued to regional directors in response to an earlier court decision vacating the Agency's 2011 Cross-State Air Pollution Rule (the "transport rule"), which sets sulfur dioxide and nitrogen oxides emissions lim...

The U.S. Supreme Court held that EPA's regulation of greenhouse gas (GHG) emissions from new motor vehicles did not automatically trigger the CAA's permitting requirements for stationary sources that emit GHGs. The Court, therefore, vacated portions of the Agency's "tailoring" rule mandating PSD per...