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National Ass'n for Surface Finishing v. Environmental Protection Agency

The D.C. Circuit denied petitions challenging an EPA regulation that revised the NESHAP for hexavalent chromium, a carcinogenic compound that gets emitted into the air during the chrome-finishing process. The new rule, issued in 2012, imposes more stringent emissions limitations than its predecessor...

Energy Future Coalition v. Environmental Protection Agency

The D.C. Circuit upheld an EPA regulation that requires automobile manufacturers to use "commercially available" fuel when testing the emissions of new vehicles under the CAA. Several producers of E30, a fuel that contains 30% ethanol, argued that a fuel shouldn't have to be commercially available i...

Methyl Tertiary Butyl Ether

A district court dismissed Pennsylvania's public nuisance, trespass, and Pennsylvania Unfair Trade Practice and Consumer Protection Law claims against various refiners, manufacturers, marketers, distributors, and suppliers of methyl tertiary butyl ether (MTBE), a gasoline additive. The case is part ...

Oklahoma v. McCarthy

A district court ordered Oklahoma to file a brief by July 16 explaining why the court should have jurisdiction over the state's lawsuit challenging EPA's proposed "Clean Power Plan" to reduce carbon dioxide emissions on a nationwide basis. Numerous states, including Oklahoma, recently filed a case i...

Michigan v. Environmental Protection Agency

The U.S. Supreme Court reversed and remanded EPA's rule limiting hazardous air pollutant emissions from power plants, holding that the Agency interpreted CAA §112(n)(1)(A) unreasonably when it deemed cost irrelevant to the decision to regulate power plants. CAA §112(n)(1) directs EPA to regulate e...