The Ninth Circuit, following a reversal and remand from the U.S. Supreme Court, held that a USDA marketing order under the Agricultural Marketing Agreement Act of 1937 requiring raisin producers to participate in a raisin reserve program does not violate the Fifth Amendment's prohibition against tak...

The D.C. Circuit upheld EPA’s decision denying environmental groups’ request to add coal mines to the regulated list of stationary source categories under the CAA. In denying the groups’ petition for rulemaking, EPA made it clear that the denial was not a determination as to whether coal ...

The D.C. Circuit denied industry groups' petition for review challenging EPA's 2013 primary NAAQS for fine particulate matter. In the final rule, EPA lowered the level of the particulate matter NAAQS from 15.0 μg/m3 to 12.0 μg/m3, a level slightly lower than the lowest concentrations reported as c...

The D.C. Circuit upheld EPA's renewable fuels standard (RFS) for 2013. Because EPA reduced the cellulosic ethanol blending requirement for 2013 but not the total renewable fuel volume, petroleum refiners filed suit arguing the rule should be vacated. The court disagreed. The CAA provides that if EPA...

The U.S. Supreme Court reversed and remanded a lower court decision vacating EPA's transport rule, also known as the Cross-State Air Pollution Rule, which sets sulfur dioxide and nitrogen oxides emissions limits for 28 upwind states based on those states' contributions to downwind states' air qualit...

The D.C. Circuit held that the Securities and Exchange Commission's (SEC's) "conflict materials" rule violates the First Amendment. SEC issued the rule in 2012 pursuant to §1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which requires SEC to issue regulations requiring firms...

The D.C. Circuit vacated a portion of EPA's 2013 rule regulating air emissions from Portland cement kilns. The court concluded that the emission-related portions of the rule are permissible under the CAA. It also upheld the compliance schedule implementing some of the 2013 rule's emission standards....

The D.C. Circuit upheld the emission standards EPA promulgated in 2012 for mercury and other listed hazardous air pollutants emitted by coal- and oil-fired electric utility steam generating units. The rule was challenged by industry, saying the rule was too stringent, as well as by environmental gro...

 The primary standards for carbon monoxide have remained the same since 1971. There has not been a secondary standard for carbon monoxide since EPA revoked a secondary standard in 1985. In 2007, EPA began reviewing whether to alter the current primary standards and whether to adopt a secondary ...