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Edwards Aquifer Authority v. Day

The Texas Supreme Court held that landowners have an ownership interest in the water beneath their property that cannot be taken for public use without adequate compensation under the Texas Constitution. The Texas courts have long held that landowners have ownership in oil and gas beneath their ...

ATK Launch Systems, Inc. v. Environmental Protection Agency

The D.C. Circuit upheld EPA's rule designating certain areas in Utah as nonattainment for the 2006 24-hour fine particulate matter (PM2.5) standard. Petitioners—two counties, three cities, and an aerospace and defense company—challenged the inclusion of parts of Tooele and Box Elder Counties wit...

PPL Montana, LLC v. Montana

The U.S. Supreme Court reversed a state court decision that Montana may charge rent from an electric company that owns dams on the Missouri, Madison, and Clark Fork rivers. The Montana Supreme Court held that title to the riverbeds passed to Montana when it became a state in 1889 and awarded alm...

United States v. Ameren Missouri

A district court partially dismissed EPA's lawsuit against an energy company for violating the CAA when it allegedly undertook major modifications at a coal-fired power plant in Festus, Missouri. EPA alleged that the company violated the Missouri SIP, the terms of its Title V permit, and the CAA...

In re United States

The Federal Circuit, in a case involving an electronics manufacturer's challenge to excise taxes on the use of ozone depleting chemicals (ODCs), reversed a lower court decision ordering the IRS to disclose to the manufacturer its excise tax audits of other companies. After paying the excise tax ...

Sierra Club v. United States Environmental Protection Agency

The Ninth Circuit held that EPA's approval of the 2004 SIP for the San Joaquin Valley nonattainment area for the one-hour ozone NAAQS was arbitrary and capricious. Although it approved the SIP in 2010, EPA's approval was based on data current only as of 2004. By approving the 2004 SIP despite kn...

Navistar v. Jackson

A district court dismissed an automobile engine manufacturer's lawsuit against EPA seeking to force the Agency to recall model year 2010 heavy-duty diesel engines equipped with liquid, urea-based selective catalyst reduction (SCR) technology for failing to comply with CAA emissions standards. Th...