The Sixth Circuit vacated EPA's 2023 disapproval of a SIP proposed by Kentucky to comply with Agency changes to ozone NAAQS. Kentucky challenged the disapproval, which rested on different modeling that came out after the Agency's deadline for submitting the plan and on a lower threshold than the one...
In a per curiam opinion, a divided en banc Fifth Circuit affirmed a district court's civil penalty award of $14.25 million against an oil company in a long-running dispute concerning alleged CAA permit violations at an industrial complex in Baytown, Texas. Environmental groups had filed a CAA citize...
A district court denied in part and dismissed in part environmental groups' motion for summary judgment in a lawsuit concerning the use of seeds treated with pesticides. The groups petitioned EPA to subject treated seeds to FIFRA, arguing the Agency could not exempt them from a separate registration...
A district court denied industry groups' motion for summary judgment in a challenge to California's adoption of an emissions regulation for railroads operating within the state. The groups argued that the regulation, which would require companies to phase out locomotives that are more than 23 years ...
Plastic pollution is emerging as a defining crisis of our time. The United States has set a national goal to eliminate plastic release into the environment by 2040 and is engaging in negotiations on a global plastics treaty while simultaneously developing a national strategy. A recent report published by the Environmental Law Institute (ELI) and the Monterey Bay Aquarium provides a comprehensive overview of existing legal authorities the federal government can leverage to achieve this national goal while safeguarding human health and the environment.