A district court granted in part and denied in part New York's motions to dismiss a company's counterclaims against it in the state's underlying CERCLA action for response costs. The state claimed that the Eleventh Amendment barred the company's counterclaims because the state has neither consented ...

A district court upheld Oregon's clean fuels program, which seeks to reduce lifecycle emissions of greenhouse gases (GHG) from transportation fuels by 10% over a 10-year period. Trade associations argued that the program was unconstitutional because it discriminates against out-of-state commerce. Bu...

The Third Circuit vacated and remanded EPA's approval of Pennsylvania's 2014 regional haze SIP. CAA §169A requires states to evaluate the impact that emissions from certain sources of pollution within their borders have on atmospheric visibility in national parks and wilderness areas, known as Clas...

The Seventh Circuit held that a utility may not seek contribution against a corporation for remediation costs the utility incurred at a former coke plant that was operated by the corporation's predecessor more than 90 years ago. In 1920, the utility and the corporation's predecessor entered into a c...

The Fifth Circuit reversed an oil company's convictions for violating the CAA and Migratory Bird Treaty Act (MBTA) in connection with its wastewater treatment system at its Corpus Christi refinery. The company was convicted for knowingly operating two uncovered tanks as oil-water separators without ...

The Seventh Circuit upheld EPA's approval of revisions to Illinois' SIP, thereby rejecting challenges raised by Indiana. Indiana argued that the relaxation of Illinois' vehicle emissions testing program will decrease the likelihood that the Chicago area—which includes two Indiana counties—will a...