The Fifth Circuit upheld EPA's decision to disapprove certain revisions to Texas' SIP. EPA disapproved the revisions concerning the state's "qualified facilities program" because it did not meet the minor new source review (NSR) SIP nor did it meet the NSR SIP requirement for a substitute major ...
The D.C. Circuit vacated an interim final rule issued by EPA that would allow manufacturers of heavy-duty diesel engines to pay nonconformance penalties in exchange for the right to sell engines that fail to satisfy nitrogen oxide requirements. In 2001, EPA issued a rule requiring a 95% reduction in...
The D.C. Circuit vacated NRC rulemakings concerning the temporary storage and permanent disposal of spent nuclear fuel. Four states, an Indian community, and a number of environmental groups filed a petition for review challenging NRC's "waste confidence decision" (WCD), which, among other thing...
The D.C. Circuit held that the DOE Secretary's 2010 determination that there was no basis for suspending, or otherwise adjusting, annual fees collected from nuclear power plant owners and operators following the government's decision to discontinue its development of Yucca Mountain violated the Nucl...
The Federal Circuit awarded a power company $17,021,742 in its suit against the U.S. government for the cost of storing spent nuclear fuel (SNF) and high-level radioactive waste beyond the time that the government promised by contract to begin storing that waste in a permanent and secure reposit...
The Sixth Circuit held that the CAA's citizen suit provision does not allow an environmental group to file suit to compel the state of Ohio to administer a particular federal CAA regulation it has chosen no longer to administer. In 2006, the Ohio General Assembly passed legislation that allows the s...
A California court overturned a small claims court's grant of damages in favor of a woman who filed suit against an automobile manufacturer for making fraudulent claims about her hybrid car's fuel economy and performance. The manufacturer's fuel economy ratings were obtained using the test metho...
A district court held that EPA does not have a mandatory duty to review and, if necessary, promulgate new PSD rules for ozone simply because the NAAQS for ozone has been revised. The history of the CAA and its numerous amendments unambiguously demonstrates that Congress differentiated duties ste...