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United States v. Amereen Missouri Inc.

A district court held that an energy company violated the CAA when it undertook major modifications at its power plant without getting the proper permits and installing the best available pollution control technology. The energy company operated a plant that included two grandfathered coal-fired ele...

United States v. DTE Energy Company

The Sixth Circuit held that the CAA does not categorically prevent EPA from challenging preconstruction projections of whether and to what extent emissions will increase following new source construction. In March 2013, the appellate court reversed and remanded a district court ruling in favor of an...

U.S. Sugar Corp. v. Environmental Protection Agency

The D.C. Circuit granted EPA's request to remand the NESHAPs for industrial, commercial, and institutional boilers to the Agency without vacatur so that it can conduct rulemaking to modify them in accordance with the court's earlier ruling. On July 29, 2016, the court granted in part and denied in p...

Coalition of Concerned Citizens v. Federal Transit Authority

The Tenth Circuit affirmed a district court ruling denying business owners’ motion to preliminary enjoin the city of Albuquerque, New Mexico, from proceeding with construction of a rapid transit bus system due to alleged NEPA and National Historic Preservation Act (NHPA) violations. The business o...

Mercedes-Benz Emissions Litigation

A district court dismissed a class action lawsuit against an automobile company for allegedly misleading consumers into purchasing certain diesel vehicles by misrepresenting their environmental impact. The class of consumers alleged that the company's advertisements and public statements represented...

Sierra Club v. Federal Energy Regulatory Commission

The D.C. Circuit, in an unpublished opinion, denied an environmental group's petition for review challenging FERC's approval of a proposed liquefied natural gas project in Texas. The group argued that FERC violated NEPA in its consideration of the projects’ indirect and cumulative effects. But as ...