Pollinator Stewardship Council v. U.S. Environmental Protection Agency
The Ninth Circuit vacated and remanded EPA's unconditional registration of insecticides containing sulfoxaflor, ordering the Agency to obtain further studies and data regarding the effect of sulfoxaflor on bees, as required by EPA regulations. FIFRA prohibits the use or sale of pesticides that lack ...
United States v. Citgo Petroleum Corp.
The Fifth Circuit reversed an oil company's convictions for violating the CAA and Migratory Bird Treaty Act (MBTA) in connection with its wastewater treatment system at its Corpus Christi refinery. The company was convicted for knowingly operating two uncovered tanks as oil-water separators without ...
Ludlow v. BP, P.L.C.
The Fifth Circuit affirmed a lower court decision that investors who bought BP stock soon after the 2010 Deepwater Horizon oil spill may file a class action against the oil company for alleged misrepresentations regarding the oil flow rate after the spill, but that investors who purchased stock befo...
In re Pesticide Action Network North America
The Ninth Circuit ordered EPA to respond to an administrative petition filed nearly nine years ago requesting a ban on the pesticide chlorpyrifos. EPA has spent nearly a decade reviewing the petitioner's data and arguments. In response to a previous court order directing EPA to specify a date for is...
Indiana v. Environmental Protection Agency
The Seventh Circuit upheld EPA's approval of revisions to Illinois' SIP, thereby rejecting challenges raised by Indiana. Indiana argued that the relaxation of Illinois' vehicle emissions testing program will decrease the likelihood that the Chicago area—which includes two Indiana counties—will a...
Oklahoma v. McCarthy
A district court held that it lacks jurisdiction over Oklahoma's lawsuit against EPA challenging its proposed emission standards for coal-fired power plants. The state argues that the proposed emission standards, if adopted as a final rule, would constitute an ultra vires action in violation of the ...
EME Homer City Generation, L.P. v. Environmental Protection Agency
The D.C. Circuit, on remand from the U.S. Supreme Court, invalidated EPA's 2014 emissions budgets under the transport rule, also known as the Cross-State Air Pollution Rule, as applied to various states. The CAA's "good neighbor" provision requires upwind states to prevent sources within their borde...