The D.C. Circuit remanded EPA's "maximum achievable control technology" (MACT) standards for sewage sludge incinerators under CAA §129. The court upheld EPA's authority to regulate sewage sludge incinerators under §129, deferring to the Agency's interpretation of "solid waste incineration unit" as...

The D.C. Circuit denied petitions challenging EPA's revised NESHAPs for primary lead processing operations. Despite petitioners' argument to the contrary, EPA's use of the lead NAAQS as a benchmark in setting a NESHAP for lead compounds does not violate the CAA's prohibition on regulating elemental ...

The Ninth Circuit affirmed a lower court decision vacating the Nevada state engineer's approval of the state wildlife agency's application to transfer water rights from agricultural land in the Newlands Reclamation Project to the Carson Lake and Pasture, a wetlands-containing wildlife refuge, in ord...

A California court held that the California Department of Public Health must adopt a final primary drinking water standard for hexavalent chromium. The state legislature commanded the department to adopt a standard by January 1, 2004; the department is therefore in ongoing violation of its ministeri...

The D.C. Circuit denied states' and industry groups' petitions challenging EPA rules establishing CAA permitting requirements in states that do not have implementation plans for greenhouse gases. The rules were designed to ensure that a permitting authority was available to issue the required greenh...

The Third Circuit upheld an EPA rule imposing sulfur dioxide (S02) limits on a coal-fired power plant in Pennsylvania whose emissions travel directly across a river into areas of New Jersey. The owner of the plant challenged EPA's authority to impose direct regulations on the plant before the time t...