A district court dismissed an environmental group's citizen suit in which it alleged a power company was attempting to construct a major modification of its coal-fired power plant in Illinois without a PSD permit in violation of the CAA. The project will physically replace an existing boiler with a ...

The D.C. Circuit vacated an EPA memorandum directing regional air districts to apply different criteria when making source determinations in its Title V or new source review (NSR) permitting decisions for facilities located in areas within the jurisdiction of the U.S. Court of Appeals for the Sixth ...

A district court dismissed an individual's CAA lawsuit against a Colorado utility and the state's environmental agency in which he alleged that toxic fumes were emitted into his neighborhood following a fire at a nearby power plant. The plaintiff lacks standing to file suit. Although he claims that ...

The D.C. Circuit upheld EPA’s decision to defer adopting new secondary NAAQS for oxides of sulfur (SOx) and nitrogen (NOx) pending further scientific study. Citing doubts about the accuracy of its aquatic acidification index model—used to quantify the connection between SOx and NOx in the air an...

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...