The Fifth Circuit affirmed in part and reversed in part a lower court decision dismissing an environmental group's CWA, CERCLA, and EPCRA claims against BP and Transocean Ltd. following the Deepwater Horizon disaster. BP leased the mobile offshore drilling unit known as Deepwater Horizon from Transo...

The D.C. Circuit ordered EPA to repromulgate two final rules it issued under the CAA concerning the implementation of the NAAQS for fine particulate matter (PM). Environmental groups challenged EPA's decision to issue the rules pursuant to the general implementation provisions of Subpart 1 of Part D...

The Ninth Circuit denied an environmental group's petition challenging EPA's decision to grant two air permits authorizing exploratory drilling operations in the Arctic Ocean by a drillship and its associated fleet of support vessels. The permits require the drillship to comply with best available c...

The D.C. Circuit denied a petition for rehearing of an earlier decision in which it upheld four EPA rulemakings governing greenhouse gases. EPA issued the rules following the U.S. Supreme Court's decision in Massachusetts v. EPA, 549 U.S. 497, 37 ELR 20075 (2007), in which the Court clarified that g...

The D.C. Circuit held that EPA's determination that it completed sufficient standards to meet CAA §112(c)(6)'s 90% requirement for hazardous air pollutants is a legislative rulemaking subject to APA notice-and-comment requirements. EPA's determination, having declared the end not only of its multi-...