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Luminant Generation Co. v. United States Environmental Protection Agency

The Fifth Circuit held that notices of violations EPA sent to two power plant operators for alleged CAA violations were not "final agency action" and, hence, not subject to judicial review. In the notices, EPA claimed that the operators violated the Act's PSD provisions in connection with certain ph...

Sierra Club v. Environmental Protection Agency

The D.C. Circuit held that environmental groups lacked standing to challenge an EPA memo issued to regional directors in response to an earlier court decision vacating the Agency's 2011 Cross-State Air Pollution Rule (the "transport rule"), which sets sulfur dioxide and nitrogen oxides emissions lim...

Utility Air Regulatory Group v. Environmental Protection Agency

The U.S. Supreme Court held that EPA's regulation of greenhouse gas (GHG) emissions from new motor vehicles did not automatically trigger the CAA's permitting requirements for stationary sources that emit GHGs. The Court, therefore, vacated portions of the Agency's "tailoring" rule mandating PSD per...

Sierra Club v. FutureGen Industrial Alliance

A district court dismissed an environmental group's citizen suit in which it alleged a power company was attempting to construct a major modification of its coal-fired power plant in Illinois without a PSD permit in violation of the CAA. The project will physically replace an existing boiler with a ...