A district court held that an environmental group may seek injunctive relief and civil penalties against a mining company previously held liable for the unpermitted discharge of selenium into U.S. waters even though the company has since obtained new permits allowing such discharges. The company arg...

The Ninth Circuit held that DOT did not violate the CAA or NEPA in its approval of a planned expressway connecting the Ports of Los Angeles and Long Beach, California. In the course of the project’s approval process, DOT conducted an air quality conformity determination under the CAA, which involv...

A district court dismissed an environmental group's lawsuit challenging the U.S. Army Corps of Engineer's determination that Nationwide Permit 12 (NWP 12) applied to the discharge of dredged and fill material in Alabama's Big Creek Lake watershed in connection with a larger pipeline construction pro...

The D.C. Circuit dismissed automobile industry groups' petition challenging an EPA rule intended to mitigate the misfueling of vehicles and engines with gasoline containing greater than 10% ethanol (E10). Among other measures, the rule prohibits the use of E10 gasoline in certain vehicles, engines, ...

The Tenth Circuit denied petitions for review challenging EPA's approval of a regional cap-and-trade program regulating sulfur dioxide (SO2) emissions to address regional haze over the Colorado Plateau, a Class I area. Under the CAA's regional haze rule for Class I areas, states have the option of u...

A district court denied a mining company's motion for partial judgment in a case filed against it for alleged CWA and SMCRA violations. Environmental groups alleged that the mine violated narrative water quality standards and, therefore, the CWA and the SMCRA, by discharging excessive amounts of ion...