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...

A district court held that an environmental group may go forward with its CAA citizen suit against EPA for failing to promulgate by November 15, 2000, regulations to reduce hazardous air pollutant emissions created during the manufacturing of brick and structural clay products. EPA filed a motio...

The Federal Circuit reversed in part a lower court's award of damages in favor of an energy company in a case involving the government's breach of its commitment to dispose of spent nuclear fuel. The court reversed the award of damages relating to the costs of operating a spent fuel pool after t...

A New Jersey appellate court held that two defendants in a state environmental cleanup suit may seek contribution from numerous third parties under the New Jersey Spill Compensation and Control Act. The state's environmental agency filed environmental cleanup suits against nine business entities...

A North Carolina appellate court held that a state statute that places limitations on the size and location of solid waste landfills does not violate the Commerce Clause by discriminating against out-of-state waste. It is undisputed that the statute, N.C. Gen. Stat. §130A-295.6 (2011), does not fac...