American Road & Transportation Builders v. Environmental Protection Agency
The D.C. Circuit dismissed a road building association's lawsuit challenging EPA regulations for nonroad engines and vehicles. The regulations pertain to CAA §209(e), which preempts certain state regulation of nonroad engines. The association petitioned EPA to amend those regulations to broaden the...
Natural Resources Defense Council v. EPA
The D.C. Circuit ordered EPA to repromulgate two final rules it issued under the CAA concerning the implementation of the NAAQS for fine particulate matter (PM). Environmental groups challenged EPA's decision to issue the rules pursuant to the general implementation provisions of Subpart 1 of Part D...
Pakootas v. Teck Cominco Metals, Ltd.
A district court held that a mining company that operates a smelter in Canada is liable as an arranger under CERCLA for the release and threatened release of hazardous substances in the Upper Columbia River. The company stipulated that it discharged slag and effluent into the Columbia River from its...
Resisting Environmental Destruction on Indigenous Lands v. United States Environmental Protection Agency
The Ninth Circuit denied an environmental group's petition challenging EPA's decision to grant two air permits authorizing exploratory drilling operations in the Arctic Ocean by a drillship and its associated fleet of support vessels. The permits require the drillship to comply with best available c...
Coalition for Responsible Regulation, Inc. v. Environmental Protection Agency
The D.C. Circuit denied a petition for rehearing of an earlier decision in which it upheld four EPA rulemakings governing greenhouse gases. EPA issued the rules following the U.S. Supreme Court's decision in Massachusetts v. EPA, 549 U.S. 497, 37 ELR 20075 (2007), in which the Court clarified that g...
Asarco, LLC v. Hecla Mining Co.
A district court held that a refinery that settled in bankruptcy court its liability for response costs incurred at a Superfund site may seek contribution from a mining company. The mining company argued that the settlement agreement for which the refinery seeks contribution only resolves the refine...