The Fifth Circuit held that notices of violations EPA sent to two power plant operators for alleged CAA violations were not "final agency action" and, hence, not subject to judicial review. In the notices, EPA claimed that the operators violated the Act's PSD provisions in connection with certain ph...

The D.C. Circuit held that an American corporation owned by Chinese nationals was deprived of its constitutionally protected property interests without due process of law when President Obama issued an order blocking on national security grounds the corporation's windfarm project located near a U.S....

A district court held that a doctor lacks standing to challenge a Pennsylvania law that prohibits doctors from disclosing the mixture of chemical fluids used during hydraulic fracturing when treating patients for chemical exposure. Doctors have a professional and ethical obligation to communicate cr...

The D.C. Circuit held that environmental groups lacked standing to challenge an EPA memo issued to regional directors in response to an earlier court decision vacating the Agency's 2011 Cross-State Air Pollution Rule (the "transport rule"), which sets sulfur dioxide and nitrogen oxides emissions lim...

The U.S. Supreme Court held that EPA's regulation of greenhouse gas (GHG) emissions from new motor vehicles did not automatically trigger the CAA's permitting requirements for stationary sources that emit GHGs. The Court, therefore, vacated portions of the Agency's "tailoring" rule mandating PSD per...