A district court dismissed portions of a mining company's lawsuit against EPA alleging that the Agency violated the Federal Advisory Committee Act (FACA) during its review of the proposed Pebble Mine in Alaska. The company claimed that EPA formed three committees—the Anti-Mine Coalition, the Anti-...
The D.C. Circuit denied petitions for review challenging EPA's disapproval of a revision to Kansas' proposed SIP revision for the 2006 fine particulate matter (PM2.5) NAAQS. EPA disapproved the SIP revision because the submission lacked the required technical analysis evaluating whether the projecte...
The D.C. Circuit denied petitions for review of EPA decisions regarding nonattainment designations under the 2008 ozone NAAQS. Several states, counties, industrial entities, and environmental organizations petitioned the court challenging EPA's determination that certain geographic areas are, or are...
The D.C. Circuit held that a home builders' association lacked standing to challenge EPA's and the U.S. Army Corps of Engineers' determination that two reaches of the Santa Cruz River in southern Arizona constitute "traditional navigable waters" (TNW) under the CWA. The court previously held in a si...
The First Circuit reversed a lower court decision dismissing a lawsuit concerning a proposed offshore wind power generation facility in Nantucket Sound. Opponents of the facility—a town, an advocacy group, and several individuals and businesses in the area—sought to nullify the state's approval ...
The Ninth Circuit held that EPA violated the CAA when it approved California SIPs concerning NAAQS for ozone and fine particulate matter in the San Joaquin Valley. The SIPs relied on state-adopted mobile emissions standards to achieve their emission reduction goals. But the SIPs approved by EPA did ...
A North Carolina court issued a preliminary injunction barring the state Mining and Energy Commission from accepting or processing any hydraulic fracturing applications until the state Supreme Court issues its opinion in a similar case concerning the constitutionality of the Commission's appointment...