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Gulf Restoration Network v. Jackson
A district court ordered EPA to conduct a necessity determination under CWA §303(c)(4)(B) in response to an environmental group's petition asking the Agency to establish water quality standards to control nitrogen and phosphorous pollution in the mainstem of the Mississippi River and the Northern G...
North Dakota v. United States Environmental Protection Agency
The Eighth Circuit vacated and remanded EPA's best available retrofit technology (BART) determination for a large power plant in North Dakota, but otherwise upheld EPA's partial disapproval of two SIPs submitted by North Dakota to meet the CAA's visibility requirements as well as the Agency's federa...
United States v. Alabama Power Co.
The Eleventh Circuit reversed a lower court decision excluding the testimony of two expert witnesses in the government's case against a power company for making major modifications at three of its coal-fired power plants without obtaining a permit or installing modern pollution control devices. The ...
American Farm Bureau Federation v. United States Environmental Protection Agency
A district court upheld EPA's final TMDL for the Chesapeake Bay against challenges from farmer and home building groups. The TMDL—the largest ever developed by EPA—identifies the necessary pollution reductions of nitrogen, phosphorus, and sediment across Delaware, Maryland, New York, Pennsylvani...
Rockies Express Pipeline LLC v. Salazar
The Federal Circuit held that the Minerals Management Service (MMS) breached its contract with a natural gas pipeline construction company involving the construction of two segments of a pipeline that extends from Wyoming to Ohio. Under a "precedent agreement," MMS would pay the company roughly $1.2...
Rocky Mountain Farmers Union v. Corey
The Ninth Circuit held that the California Air Resource Board (CARB) low carbon fuel standard's regulation of ethanol does not facially discriminate against out-of-state commerce. CARB treats all ethanol within each regional category the same, and its decision to draw one of the regional categories ...
Ohio Valley Environmental Coalition v. Marfork Coal Co.
A district court held that a coal company discharged excessive amounts of selenium into the waters of West Virginia in violation of the CWA and SMCRA. The environmental group that filed suit against the company has standing, and it satisfied the statutes' 60-day notice requirements for citizen suits...