The D.C. Circuit vacated EPA's rule delaying the 2017 Chemical Disaster Rule, which established safety standards for chemical facilities. The Agency argued that it had authority under CAA §112 to delay the effective date of the Rule beyond the ninety-day limit set forth in CAA §307 because ninety ...
The Ninth Circuit granted environmental groups' petition to review EPA's 2017 order maintaining a tolerance for the pesticide chlorpyrifos, and vacated the Agency's order. The groups argued that the Agency's need for additional scientific research was not a valid ground for maintaining a tolerance t...
A district court granted in part an environmental group's motion for summary judgment to compel EPA to act on its 2016 Plan for the 2008 eight-hour ozone NAAQS adopted by the San Joaquin Valley Air Pollution Control District and granted in part the Agency's motion requesting an extension on the dead...
The D.C. Circuit denied environmental groups' petition to review a 2016 rule that EPA uses to determine whether an event caused by recurring activity is "exceptional" and thus exempt from a state's emissions report. The groups argued that EPA misread the definition of "natural event" under the excep...
A district court denied an herbicide manufacturer's motion for summary judgment against claims brought by users of one of its products alleging that the weedkiller caused them to develop non-Hodgkin's lymphoma (NHL), and ruled that the claims could proceed. The users alleged that glyphosate, the act...
The Ninth Circuit affirmed a district court's denial of a car owner's motion to intervene in DOJ's case against a German automaker to resolve alleged CAA violations. The owner argued that DOJ's settlement with the automaker violated Virginia's SIP by not requiring all affected vehicles to be bought ...
The D.C. Circuit denied Delaware's petition to review EPA's decision granting the Philadelphia area an extra year to comply with national ground-level ozone standards. Delaware argued that the Agency's extension violated the CAA because not all four states in the Philadelphia area applied for an ext...