The D.C. Circuit vacated an interim final rule issued by EPA that would allow manufacturers of heavy-duty diesel engines to pay nonconformance penalties in exchange for the right to sell engines that fail to satisfy nitrogen oxide requirements. In 2001, EPA issued a rule requiring a 95% reduction in...
The Sixth Circuit held that the CAA's citizen suit provision does not allow an environmental group to file suit to compel the state of Ohio to administer a particular federal CAA regulation it has chosen no longer to administer. In 2006, the Ohio General Assembly passed legislation that allows the s...
A California court overturned a small claims court's grant of damages in favor of a woman who filed suit against an automobile manufacturer for making fraudulent claims about her hybrid car's fuel economy and performance. The manufacturer's fuel economy ratings were obtained using the test metho...
A Washington appellate court held that the developer of 30 residential waterfront lots must seek a permit under the Shoreline Management Act of 1971 prior to building private docks to accompany the new homes. Because the docks would be designed for the private, noncommercial use of the owners of...
A district court held that EPA does not have a mandatory duty to review and, if necessary, promulgate new PSD rules for ozone simply because the NAAQS for ozone has been revised. The history of the CAA and its numerous amendments unambiguously demonstrates that Congress differentiated duties ste...
A district court held that an environmental group may go forward with its CAA citizen suit against EPA for failing to promulgate by November 15, 2000, regulations to reduce hazardous air pollutant emissions created during the manufacturing of brick and structural clay products. EPA filed a motio...
A Pennsylvania appellate court enjoined for 120 days the effective date of a new state law, Act 13, that authorizes municipalities to regulate the location of oil and gas operations but not the manner in which they are operated. The court reasoned that municipalities must have an adequate opport...