A district court dismissed an automobile engine manufacturer's lawsuit against EPA seeking to force the Agency to recall model year 2010 heavy-duty diesel engines equipped with liquid, urea-based selective catalyst reduction (SCR) technology for failing to comply with CAA emissions standards. Th...
The Ninth Circuit denied a chemical company's petitions for review challenging EPA's partial disapproval of a proposed revision to Montana's SIP governing sulfur dioxide (SO2) emissions, its 1993 "SIP Call" that started the review process, and the Agency's 2008 federal implementation plan (FIP) reme...
The Ninth Circuit affirmed in part and reversed in part the Surface Transportation Board's approval of a railroad company's applications to build a 130-mile railroad line in Southeastern Montana to haul coal. The Board prepared EISs under NEPA and included numerous mitigation measures in its approva...
A district court vacated EPA's stay of two rules setting forth emission standards from boilers and commercial and industrial solid waste incineration units. EPA issued the rules on March 21, 2011, and shortly thereafter several parties filed petitions for review challenging the legal sufficiency of ...
A California appellate court affirmed a lower court decision dismissing a petition challenging an air district's abatement order directing the owners of an open-pit mining operation to cease operation of the central plant equipment and all internal combustion engines with a rating greater than 5...
A California appellate court held that a state agency's certification of an environmental impact report (EIR) and approval of a master plan for the expansion of a state university violated the California Environmental Quality Act (CEQA). In certifying the EIR and approving the project, the agenc...
A district court held that Washington state must establish reasonably available control technology (RACT) for greenhouse gas emissions. Based on its plain language, the RACT provision contained in Washington's federally approved SIP is not discretionary and requires the state's agencies to estab...
The D.C. Circuit remanded EPA's NESHAPs for portland cement facilities. While EPA was establishing the NESHAPs, it was simultaneously developing a definition of commercial and industrial solid waste incinerators (CISWI), which would create a separate category of pollutant sources subject to emis...
A district court denied an environmental group's motion to preliminarily enjoin the DOE from providing funding assistance for the construction and operation of a coal-fired power plant in Mississippi. Before granting the funding, the DOE issued an EIS evaluating the funding's environmental effects, ...