The Ninth Circuit held that the California Air Resource Board (CARB) low carbon fuel standard's regulation of ethanol does not facially discriminate against out-of-state commerce. CARB treats all ethanol within each regional category the same, and its decision to draw one of the regional categories ...

A D.C. court denied a conservative publication's motion for reconsideration of the court's earlier decision denying the publication's motion to dismiss a climate scientist defamation suit against it. There is sufficient evidence in the record to demonstrate that the scientist is likely to succeed on...

A California court issued a tentative decision upholding the California Air Resource Board's (CARB's) authority to sell greenhouse gas allowances at auction under the California Global Warming Solutions Act of 2006, also known as Assembly Bill 32 (AB 32). The court tentatively agreed that the auctio...

The D.C. Circuit ordered NRC to resume processing of DOE's pending license application to store nuclear waste at Yucca Mountain. The Nuclear Waste Policy Act requires NRC to issue a final decision approving or disapproving the application within three years of its submission. DOE submitted its appli...

A Texas appellate court held that an insurance company has a duty to defend its insured in underlying lawsuits stemming from a sinkhole formed by the insured's waste disposal well operations. The insurance company argued that it had no duty to defend because the insurance policy contains a pollution...

A California appellate court held that a newly enacted state law that prohibits counties from restricting or limiting the importation of solid waste into a privately owned facility in the county based on the waste's place of origin preempts a voter-approved 1984 initiative measure that severely rest...

The D.C. Circuit denied states' and industry groups' petitions challenging EPA rules establishing CAA permitting requirements in states that do not have implementation plans for greenhouse gases. The rules were designed to ensure that a permitting authority was available to issue the required greenh...

A California appellate court held that the California Air Resources Board (CARB) violated the California APA and the California Environmental Quality Act (CEQA) when it adopted its Low Carbon Fuel Standards (LCFS) regulations to reduce the carbon content of transportation fuels sold, supplied, or of...