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State ex rel. Koster v. Republic Services, Inc.

A district court granted Missouri's remand request to litigate in state court its lawsuit against the owner and operator of a landfill in connection with an uncontrolled, underground trash fire at the site. The state alleged various state law violations, along with claims for nuisance, cost recovery...

Miami-Dade County v. Florida Power & Light Co.

A Florida appellate court reversed and remanded the state siting board's decision to permit a power company to construct and operate two new nuclear generating units and to install miles of new transmission lines in and near the East Everglades. The board failed to consider local regulations, as req...

Kansas v. Environmental Protection Agency

The D.C. Circuit, in an unpublished opinion, dismissed a petition challenging an EPA computer model that states must use to estimate motor vehicle emissions when developing their strategies to comply with the CAA. Kansas and Nebraska, as well as two nonprofit organizations, alleged that the model is...

Asarco, LLC v. Atlantic Richfield Co.

The Supreme Court of Montana upheld a lower court decision dismissing a smelting company's state-law claims against an oil refinery in connection with costs incurred remediating a former lead smelting site in East Helena, Montana. The refinery sold the site to the smelting company in 1972. Under the...

United States v. Gunselman

The Fifth Circuit upheld an individual's sentence and conviction for wire fraud, money laundering, and CAA violations for selling false renewable fuel credits. The individual represented to EPA and to fuel companies seeking to purchase renewable fuel credits that he manufactured renewable fuels when...

Bohmker v. Oregon

A district court dismissed a lawsuit brought by individual miners and various mining groups, associations, and businesses challenging an Oregon law that temporarily bans instream motorized mining to protect water quality and fish habitat. The law, with some exceptions, temporarily prohibits instream...

Sierra Club v. McCarthy

A district court ordered EPA to either promulgate revised emissions standards for the the pulp mill and nutritional yeast manufacturing source categories, or issue a determination that such standards are not required under the CAA. EPA promulgated emissions standards for both of these major source c...

Sierra Club v. Oklahoma Gas & Electric Co.

The Tenth Circuit dismissed an environmental group's citizen suit against an Oklahoma power company for CAA violations at a power plant. The group claimed the company modified a coal-fired boiler without first obtaining an emission-regulating permit as required by the CAA. But because the group file...