American Fuel & Petrochemical Manufacturers v. O'Keeffe
A district court upheld Oregon's clean fuels program, which seeks to reduce lifecycle emissions of greenhouse gases (GHG) from transportation fuels by 10% over a 10-year period. Trade associations argued that the program was unconstitutional because it discriminates against out-of-state commerce. Bu...
National Parks Conservation Ass'n v. United States Environmental Protection Agency
The Third Circuit vacated and remanded EPA's approval of Pennsylvania's 2014 regional haze SIP. CAA §169A requires states to evaluate the impact that emissions from certain sources of pollution within their borders have on atmospheric visibility in national parks and wilderness areas, known as Clas...
Marilley v. Bonham
The Ninth Circuit held that California's commercial fishing fees for nonresidents violates the Privileges and Immunities Clause of the U.S. Constitution. California's commercial fishing license fees are significantly higher for out-of-state fishers than for residents. For example, California residen...