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...

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...

The Ninth Circuit affirmed a lower court decision that the Hawaii Pesticides Law impliedly preempts a county ordinance that seeks to regulate pesticides and genetically engineered plants. The ordinance would have required commercial farmers to maintain “buffer zones” between crops to which pesti...

A district court held that EPA, in connection with its enforcement and implementation of the CAA, failed to adequately evaluate potential job losses, particularly with respect to the coal industry, in violation of CAA §321(a). Section 321(a) requires EPA to “conduct continuing evaluations of pote...

The Pennsylvania Supreme Court struck down as unconstitutional portions of a 2012 law governing oil and gas operations in the Marcellus Shale. This is the second time the law, known as Act 13, has been reviewed by the court: in 2013, the court struck down provisions that limited the zoning powers of...

A district court dismissed environmental and animal rights groups' lawsuit against EPA for failing to respond to a 2009 petition for rulemaking that asked the Agency to regulate concentrated animal feeding operations (CAFOs) as a source of air pollution under the CAA. The groups argued EPA violated ...