The Second Circuit upheld the dismissal of two lawsuits challenging a Federal Housing Finance Agency (FHFA) directive directing Fannie Mae and Freddie Mac to take "prudential actions" to protect themselves against risks raised by Property Assessed Clean Energy (PACE) programs that impose priority- o...

A district court held that the CAA preempts individuals' tort law action against a coal-fired power plant for property damage stemming from the plant's air emissions. In essence, the individuals' complaint attacks the plant's air emissions and asks the court to regulate them. But the CAA provides a ...

A district court held that utilities violated CAA §112(g) by upgrading an existing power plant in Lamar, Colorado, from a natural gas-fired plant into a coal-fired one without receiving a maximum achievable control technology (MACT) determination. When the state environmental agency first issued th...

A district court denied a company's motion to dismiss an environmental group's CAA citizen suit against it for building seven compressor stations without first obtaining a nonattainment new source review permit. The company claimed that it properly applied for and received less stringent permits fro...

A New York court struck down a city's local ordinance that placed a two-year moratorium on hydraulic fracturing within its borders. The city argued that it issued the ordinance under its local police powers and that it was therefore not required to refer the law to the county planning board prior to...

A district court held that reheater replacements at a Louisiana power plant constitute a major modification and do not qualify for the routine maintenance, repair or replacement exception to the CAA's PSD provisions. In Wisconsin Electric Power Co. v. Reilly, 893 F.3d 901, 20 ELR 20414 (7th Cir. 199...

A district court dismissed a lawsuit filed by the state of New York and several environmental groups challenging the federal government's decision not to conduct an environmental review under NEPA while the Delaware River Basin Commission drafts and considers regulations that would allow hydraulic f...