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Sierra Club v. Environmental Protection Agency

The D.C. Circuit dismissed a petition to review EPA's Guidance on Significant Impact Levels (SILs) for Ozone and Fine Particles in the Prevention of Significant Deterioration Permitting Program, which sets numerical SILs that can be used by companies applying for PSD permits. An environmental group ...

Wheelabrator Baltimore, L.P. v. Mayor and City Council of Baltimore

A district court granted two Baltimore solid waste incineration facilities' partial motion for summary judgment in a challenge to the Baltimore Clean Air Act (BCAA). The facilities argued the BCAA was "conflict preempted" by Maryland law because it prohibited solid waste incinerators from operating ...

BNSF Railway Co. v. Clark County

A district court held that a railroad company was not required to obtain a local permit to repair its tracks in the Columbia River Gorge National Scenic Area. The company argued that the ICC Termination Act preempted the permitting and preclearance process established by a county where the gorge is ...

American Wild Horse Campaign v. Bernhardt

A district court denied horse advocacy and environmental groups' motion for summary judgment in a lawsuit concerning BLM's proposal to remove wild horses from public lands in southeastern Nevada. The groups challenged BLM's 2008 land use plan that determined the area would not be managed for wild ho...

Renewable Fuels Ass'n v. United States Environmental Protection Agency

The Tenth Circuit vacated EPA orders that granted extensions of exemptions under the CAA's renewable fuels program for three small refineries. Industry groups challenged the orders, arguing that EPA failed to honor the statutory requirement of an "extension" by confusing an extension of an exemption...

Ass'n of Washington Business v. Washington State Department of Ecology

The Washington Supreme Court invalidated a rule promulgated by the state's Department of Ecology authorizing regulation via emission standards of businesses that do not directly emit greenhouse gases (GHGs), but whose products do. Industry groups and utility companies argued the Department lacked au...