The D.C. Circuit upheld EPA’s decision denying environmental groups’ request to add coal mines to the regulated list of stationary source categories under the CAA. In denying the groups’ petition for rulemaking, EPA made it clear that the denial was not a determination as to whether coal ...

The D.C. Circuit denied industry groups' petition for review challenging EPA's 2013 primary NAAQS for fine particulate matter. In the final rule, EPA lowered the level of the particulate matter NAAQS from 15.0 μg/m3 to 12.0 μg/m3, a level slightly lower than the lowest concentrations reported as c...

The Second Circuit upheld a lower court decision dismissing a developer's CERCLA indemnity claim for remediation costs it incurred as the owner of a building contaminated by toxic dust from the September 11, 2001, attack on the World Trade Center. The developer filed suit against the owners and less...

The Federal Circuit held that the U.S. government must reimburse four oil companies for CERCLA costs they incurred cleaning up contamination stemming from the production of high-octane aviation gas (avgas) during World War II. The oil companies entered into contracts with the government that promise...

The Seventh Circuit affirmed a lower court decision dismissing a CERCLA citizen suit challenging remediation work at three landfills in Indiana. The remediation work was divided into three stages. The lower court held that it lacked jurisdiction over the citizens' claims challenging the second and t...

The D.C. Circuit upheld EPA's renewable fuels standard (RFS) for 2013. Because EPA reduced the cellulosic ethanol blending requirement for 2013 but not the total renewable fuel volume, petroleum refiners filed suit arguing the rule should be vacated. The court disagreed. The CAA provides that if EPA...

The U.S. Supreme Court reversed and remanded a lower court decision vacating EPA's transport rule, also known as the Cross-State Air Pollution Rule, which sets sulfur dioxide and nitrogen oxides emissions limits for 28 upwind states based on those states' contributions to downwind states' air qualit...

The D.C. Circuit vacated a portion of EPA's 2013 rule regulating air emissions from Portland cement kilns. The court concluded that the emission-related portions of the rule are permissible under the CAA. It also upheld the compliance schedule implementing some of the 2013 rule's emission standards....

The D.C. Circuit upheld the emission standards EPA promulgated in 2012 for mercury and other listed hazardous air pollutants emitted by coal- and oil-fired electric utility steam generating units. The rule was challenged by industry, saying the rule was too stringent, as well as by environmental gro...

 The primary standards for carbon monoxide have remained the same since 1971. There has not been a secondary standard for carbon monoxide since EPA revoked a secondary standard in 1985. In 2007, EPA began reviewing whether to alter the current primary standards and whether to adopt a secondary ...