The Eighth Circuit vacated and remanded EPA's best available retrofit technology (BART) determination for a large power plant in North Dakota, but otherwise upheld EPA's partial disapproval of two SIPs submitted by North Dakota to meet the CAA's visibility requirements as well as the Agency's federa...

The Eleventh Circuit reversed a lower court decision excluding the testimony of two expert witnesses in the government's case against a power company for making major modifications at three of its coal-fired power plants without obtaining a permit or installing modern pollution control devices. The ...

The Ninth Circuit upheld the Northwest Power and Conservation Council's 20-year plan to provide adequate and reliable energy at the lowest economic and environmental cost to the Northwest. The Council, established under the Pacific Northwest Electric Power Planning and Conservation Act, is an inters...

The Federal Circuit held that the Minerals Management Service (MMS) breached its contract with a natural gas pipeline construction company involving the construction of two segments of a pipeline that extends from Wyoming to Ohio. Under a "precedent agreement," MMS would pay the company roughly $1.2...

The Ninth Circuit held that the California Air Resource Board (CARB) low carbon fuel standard's regulation of ethanol does not facially discriminate against out-of-state commerce. CARB treats all ethanol within each regional category the same, and its decision to draw one of the regional categories ...