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Attorney General of New Jersey v. Dow Chemical Co.

The Third Circuit affirmed a district court order remanding to state court a lawsuit concerning a chemical company's design, manufacture, marketing, and sale of 1,4-dioxane. The state of New Jersey sued the company in state court, arguing its products substantially harmed the environment. The c...

Center for Biological Diversity v. Environmental Protection Agency

In a per curiam decision, the D.C. Circuit, 2-1, granted environmental groups' challenge to an EPA rule implementing Renewable Fuel Standards (RFS) Program standards for 2023-2025. The groups argued EPA failed to adequately explain why—for purposes of addressing life-cycle greenhouse gas (GHG) emi...

Diamond Alternative Energy v. Environmental Protection Agency

The U.S. Supreme Court, 7-2, held that several fuel producers had standing in a lawsuit challenging EPA's approval of California regulations requiring automakers to manufacture more electric vehicles and fewer gasoline-powered vehicles in an effort to decrease emissions from liquid fuels. The produc...

Environmental Protection Agency v. Calumet Shreveport Refining, L.L.C.

The U.S. Supreme Court, 7-2, held that EPA's 2022 denials of six small refinery exemption petitions were locally or regionally applicable actions that fell within the "nationwide scope or effect" exception under the CAA, requiring venue in the D.C. Circuit. The small refineries challenged the denial...