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National Lime Ass'n v. EPA

The court affirms in part and reverses in part the U.S. Environmental Protection Agency's (EPA's) hazardous air pollutant (HAP) emission regulations for Portland cement manufacturing. The regulations were challenged by an environmental group and an industry association. The court first dismisses the...

National Lime Ass'n v. EPA

The court amends an opinion that affirmed in part and remanded in part a U.S. Environmental Protection Agency's (EPA's) hazardous air pollutant (HAP) emission regulations for cement manufacturing. The amended opinion removes the argument that the Clean Air Act (CAA) §112(d)(2)(A) requirement that E...

United States v. Dipentino

The court reverses and remands the convictions of two individuals charged with improperly removing asbestos-containing materials from a hotel and casino in Las Vegas, Nevada. The court first holds that the district court committed plain error when it constructively amended the indictment by instruct...

Ober v. Whitman

The court holds that the U.S. Environmental Protection Agency (EPA) has the power under the Clean Air Act (CAA) to adopt de minimis exemptions for sources of pollution from particulate matter having an aerodynamic diameter of 10 microns or less (PM[10]) from the new source review (NSR) program in a ...

Appalachian Power Co. v. EPA

The court remands two aspects of a final U.S. Environmental Protection Agency (EPA) rule that requires many nitrogen oxide-emitting facilities in several midwestern and southeastern states to conform to emission limits set by EPA and to participate in an emissions trading program. Petitioners challe...

Appalachian Power Co. v. EPA

The court remands three portions of technical amendments the U.S. Environmental Protection Agency (EPA) made to its nitrogen oxide (NOx) state implementation plan (SIP) call rulemaking that revised the database used to establish state budgets for NOx emissions. The court first holds that the growth ...

Sierra Club v. EPA

The court denies a petition to review the U.S. Environmental Protection Agency's (EPA's) approval of a revision to Missouri's Clean Air Act (CAA) state implementation plan that included a rate of progress (ROP) plan for reducing volatile organic compound (VOC) emissions in the St. Louis moderate ozo...

Husqvarna AB v. EPA

The court denies an engine manufacturer's petition to review the U.S. Environmental Protection Agency's (EPA's) Clean Air Act (CAA) Phase 2 emissions standards for new nonroad spark-ignition handheld engines. The court first holds that the record shows that EPA complied with CAA §213(a)(3) and reas...

Central S. Dakota Grazing Dist. v. Secretary, Dep't of Agric.

The court holds that the U.S. Forest Service did not violate the National Environmental Policy Act (NEPA) or the National Forest Management Act in its adoption of a grazing plan for the Fort Pierre National Grasslands in Nebraska. A grazing district challenged the Forest Service's plan, claiming tha...

Appolo Fuels, Inc. v. Babbitt

The Sixth Circuit affirms a district court judgment upholding the Interior Board of Land Appeals' (IBLA's) decision that a mining company violated federal Surface Mining Control and Reclamation Act (SMCRA) regulations requiring the elimination of cliff-like rock walls known as "highwalls" at its sur...