Chemours Co. FC, LLC v. United States Environmental Protection Agency
The Third Circuit dismissed for lack of jurisdiction a chemical company's petition to review EPA's health advisory for HFPO-DA, a chemical found in drinking water. The company argued the advisory violated both the procedural and substantive requirements of the APA and the nondelegation doctrine. The...
Coalition for Renewable Natural Gas v. Environmental Protection Agency
The D.C. Circuit denied a petition to review EPA's 2023 regulations that imposed new reporting requirements on biogas producers. An industry group argued, among other things, that EPA had no authority to regulate biogas producers and that three categories in the regulations—those related to biogas...
West Virginia v. Environmental Protection Agency
In a per curiam order, the D.C. Circuit denied states' and industry groups' motions to stay EPA's rule aimed at reducing pollution from fossil fuel power plants. Petitioners argued EPA acted arbitrarily and capriciously in determining that carbon capture and other emission control technologies were ...