The California Supreme Court held that all subdivisions, including the conversion of a mobile home park from tenant occupancy to resident ownership, are "developments" for purposes of the California Coastal Act. Nor does the Subdivision Map Act exempt such conversions from the need to comply with ot...

A California appellate court affirmed a lower court decision dismissing a citizen group's lawsuit seeking to vacate a city's approval of a "big box" retail store. The group alleged that the approval violated planning and zoning laws. Their suit, however, is time barred under Cal. Gov. Code §65009(c...

The D.C. Circuit held that EPA's determination that it completed sufficient standards to meet CAA §112(c)(6)'s 90% requirement for hazardous air pollutants is a legislative rulemaking subject to APA notice-and-comment requirements. EPA's determination, having declared the end not only of its multi-...

The D.C. Circuit upheld an EPA rule that added the gold mine ore processing and production area source category to the list of source categories to be regulated under CAA §112(c)(6). CAA §112(c)(6) requires action by EPA on seven bioaccumulative hazardous air pollutants (HAPs), including mercury, ...

A district court held that the CAA preempts individuals' tort law action against a coal-fired power plant for property damage stemming from the plant's air emissions. In essence, the individuals' complaint attacks the plant's air emissions and asks the court to regulate them. But the CAA provides a ...

A district court held that utilities violated CAA §112(g) by upgrading an existing power plant in Lamar, Colorado, from a natural gas-fired plant into a coal-fired one without receiving a maximum achievable control technology (MACT) determination. When the state environmental agency first issued th...

A district court denied a company's motion to dismiss an environmental group's CAA citizen suit against it for building seven compressor stations without first obtaining a nonattainment new source review permit. The company claimed that it properly applied for and received less stringent permits fro...

A New York court struck down a city's local ordinance that placed a two-year moratorium on hydraulic fracturing within its borders. The city argued that it issued the ordinance under its local police powers and that it was therefore not required to refer the law to the county planning board prior to...

A district court held that reheater replacements at a Louisiana power plant constitute a major modification and do not qualify for the routine maintenance, repair or replacement exception to the CAA's PSD provisions. In Wisconsin Electric Power Co. v. Reilly, 893 F.3d 901, 20 ELR 20414 (7th Cir. 199...