The court upholds a U.S. Environmental Protection Agency (EPA) rule that revised and established nitrogen oxide (NOx) emission limits for Group 1, Phase II electric utility boilers as well as Group 2 boilers under Clean Air Act (CAA) Title IV. The court first holds that in revising the limits for th...

The court holds that the Federal Aviation Administration's (FAA's) approval of the expansion of Burbank-Glendale-Pasadena Airport does not violate the National Environmental Policy Act (NEPA) or the Clean Air Act (CAA). The court first rejects the arguments made by two cities that if FAA had taken a...

The court upholds the U.S. Environmental Protection Agency's (EPA's) decision to grant California a Clean Air Act (CAA) §209(b) waiver allowing the state to enforce its own on-board emissions diagnostic device (OBD) regulations, which contain OBD antitampering provisions. The court also upholds EPA...

The court upholds a U.S. Department of Interior Board of Land Appeals (IBLA) determination that a company's failure to file a stipulation of entry rendered its mining claims null and void ab initio. When the Secretary of the Interior opened certain lands to mining claims in 1954, he required that a ...

The court dismisses a power company's petitions for review of two preamble statements made by the U.S. Environmental Protection Agency (EPA) in conjunction with a proposed rule concerning state authorization of Resource Conservation and Recovery Act (RCRA) corrective action programs at interim statu...

The court holds that the Bureau of Reclamation violated the Endangered Species Act (ESA) by renewing water supply contracts with several water districts in California before consulting with the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS). The districts rely ...

The court holds that New York's zero emission vehicle (ZEV) sales requirement for model years 1998-2002 is preempted by Clean Air Act (CAA) §209. The court first holds that the ZEV sales requirement must be considered a standard "relating to the control of emissions" and is, therefore, within the p...

The court remands a district court decision holding a project manager and a construction company liable for violations of the asbestos national emission standards for hazardous air pollutants (NESHAPs) during the demolition of buildings at a development site. The court first holds that the manager a...

The court holds that a Florida county's Endangered Species Act (ESA) §10 incidental take permit does not authorize it to take protected sea turtles through purely mitigatory measures associated with artificial beachfront lighting. The court first holds that the county lacks the U.S. Fish and Wildli...

The court holds that a state environmental agency's enforcement actions against a petroleum company preclude a citizen suit against the company for Clean Air Act (CAA) violations. The court first holds that CAA §304 does not permit the litigation to proceed. CAA §304 precludes citizen suits where ...