A district court upheld the constitutionality of a New York county's solid waste flow control ordinance that directs all solid waste generated within the county to designated publicly owned but privately operated processing facilities. Solid waste companies alleged that, by preventing non-designated...

A district court held that the CAA does not preempt landowners' state common-law tort claims against a whiskey distillery for property damage. The landowners alleged that emissions from the distillery caused "whisky fungus" to grow on their property. The distillery filed a motion to dismiss, arguing...

The Federal Claims Court awarded a Florida developer $4 million after finding that the U.S. Army Corps of Engineers' denial of the developer's §404 permit request to dredge and fill a five-acre plot of land effected a compensable taking. The Federal Circuit had previously ruled on appeal that the f...

A district court dismissed an environmental group's CAA citizens suit against EPA for failing to make a finding that Idaho and Utah failed to timely submit SIPs for fine particulate matter (PM2.5). In 2007, EPA issued a rule that required states to submit their SIPs for PM2.5 within three years afte...

The D.C. Circuit denied an electric utility association's petition for review challenging EPA's new source performance standards for steam generating units. The standards—issued via final rules in 2009 and again in 2012—exempt all units using particulate matter continuous emissions monitoring sy...