The D.C. Circuit vacated a 2018 EPA rule that instituted a complete vacatur of its 2015 rule blocking the use of hydrofluorocarbons as replacements for ozone-depleting substances. An environmental group argued the 2018 rule was invalid because it was a legislative rule and was thus improperly promul...

The D.C. Circuit dismissed a petition to review EPA's Guidance on Significant Impact Levels (SILs) for Ozone and Fine Particles in the Prevention of Significant Deterioration Permitting Program, which sets numerical SILs that can be used by companies applying for PSD permits. An environmental group ...

A district court granted two Baltimore solid waste incineration facilities' partial motion for summary judgment in a challenge to the Baltimore Clean Air Act (BCAA). The facilities argued the BCAA was "conflict preempted" by Maryland law because it prohibited solid waste incinerators from operating ...

A district court granted in part and denied in part the Trump Administration's motion to dismiss a challenge to its plans to fund construction of a wall along the U.S.-Mexico border. An environmental group argued that the president exceeded his authority under the National Emergency Act (NEA) when h...

A district court dismissed for lack of standing a lawsuit challenging the Executive Order that requires agencies to repeal two existing rules for each new rule promulgated. California, Minnesota, and Oregon argued that the order delayed or resulted in the undertaking of four rulemakings and that the...

The Court of Federal Claims granted in part and denied in part the Bureau of Reclamation's motion to dismiss a lawsuit concerning its curtailing of water deliveries during a drought in California. The city of Fresno and irrigation districts argued that the Bureau breached its water-supply contracts ...

The Second Circuit reversed a district court ruling that denied environmental groups' motion for summary judgment in a lawsuit seeking FOIA disclosure of an EPA computer model related to its rollback of greenhouse gas emission standards for vehicle manufacturers. The groups challenged EPA's withhold...

The First Circuit reversed the dismissal of a challenge to an EPA directive that prohibits scientists in receipt of certain EPA grants from serving on the Agency's federal advisory committees. A nonprofit group argued the directive violated the Federal Advisory Committee Act (FACA) by disproportiona...