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California Chamber of Commerce v. State Air Resources Board
A California Appeals Court upheld a state cap-and-trade regime against challenges from the state commerce board and affected industry players. In 2006, California passed the California Global Warming Solutions Act, which aims to reduce greenhouse gas (GHG) emissions. To achieve the goals of the act,...
Arizona v. EPA
The Ninth Circuit upheld an EPA federal implementation plan (FIP) under the CAA that replaced rejected portions of the Arizona SIP concerning air quality at federal parks and forests. In 2011, Arizona submitted a SIP to EPA for approval. EPA disapproved certain aspects of Arizona’s SIP concerning ...
NL Indus., Inc. v. State
The New Jersey Supreme Court held that the state hazardous waste spill law, which waives state immunity for hazardous waste suits, does not apply to spills that predate the law. In 1968, a development corporation built a seawall on state-owned land. In 2007, the state environmental department detect...
Neodesha, City of v. BP Corp. N. Am. Inc.
A district court held it had no authority to impose municipal penalties in a case involving a Kansas city's groundwater contamination claims against an oil company. The city sued the oil company in federal court for allowing benzene and other volatile organic compounds to accumulate at its propertie...
Blue Ridge Envtl Defense League v. Pruitt
A district court ordered EPA to complete overdue assessments of 13 sources of hazardous air pollutants. In 2016, environmental groups sued the Agency over a failure to meet CAA requirements that the standards for air pollutants be reviewed within eight years to account for technology improvements. T...
United States v. Gibson Wine Co.
A district court denied a winery's motion to strike claims by EPA under CERCLA, the CAA, and other statutes in connection with a release of ammonia that claimed the life of one worker. In 2012, the winery experienced a 284-pound release of anhydrous ammonia from its refrigeration system. A cloud of ...
Yazzie v. EPA
The Ninth Circuit rejected challenges to EPA's interpretation of the Tribal Authority Rule under the CAA in a case concerning a coal-fired power plant on Navajo land. In 2013, in response to Navajo Nation's failure to issue a Tribal Implementation Plan for the coal-fired plant, EPA proposed federal ...