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Sierra Club v. Wheeler

The D.C. Circuit affirmed dismissal of an environmental group's request to compel EPA to produce guidelines for commercial or industrial solid waste incinerators (CISWI) and other categories of solid waste incinerators (OSWI). The group argued that the Agency failed to comply with nondiscretionary d...

Natural Resources Defense Council v. Wheeler

The D.C. Circuit vacated a 2018 EPA rule that instituted a complete vacatur of its 2015 rule blocking the use of hydrofluorocarbons as replacements for ozone-depleting substances. An environmental group argued the 2018 rule was invalid because it was a legislative rule and was thus improperly promul...

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...