The court upholds a district court decision ordering the upward adjustment of sentencing for three labor contractors who violated the Clean Air Act (CAA) and the Social Security Act in connection with asbestos abatement projects. The contractors recruited homeless men from a shelter in Tennessee to ...
The court holds that an aluminum manufacturer is not entitled to a share of pollution emissions allowances allocated to an electric power plant under the Clean Air Act (CAA). The manufacturer claimed that it was entitled to an 89% proportionate share of the plant's allowances because its contractual...
The court holds that environmental groups have standing to bring a Clean Air Act (CAA) action against a Texas oil refinery for violating hydrogen and sulfur dioxide emission standards and further holds that a state environmental agency's administrative action against the refinery for the same violat...
The court holds that the National Marine Fisheries Service (NMFS) did not comply with the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act) or its regulations when it promulgated the 1999 summer flounder fishing quota. The court first holds that the summer flounder fish...
The court holds that the U.S. Environmental Protection Agency's (EPA's) regulations implementing Clean Air Act (CAA) amendments properly delegated to Native American nations authority to regulate air quality on all land within reservations, including fee land held by private landowners who are not t...
The court affirms a district court decision holding that hazardous waste regulatory charges imposed by New York on federal installations operated by the U.S. Department of Energy (DOE) in New York are reasonable service charges within the meaning of Resource Conservation and Recovery Act §6001(a), ...
The court upholds Resource Conservation and Recovery Act civil penalties of $ 4,746,500 against a gas station owner for violating U.S. Environmental Protection Agency (EPA) administrative orders issued after a serious gasoline spill from the station. The court first holds that the civil penalty impo...
The court holds that U.S. Environmental Protection Agency (EPA) regulations limiting the content of volatile organic compounds (VOCs) in architectural coatings and paints under the Clean Air Act (CAA) are lawful. The court first holds that nothing in the CAA unambiguously requires EPA to analyze the...
The court upholds the U.S. Environmental Protection Agency's (EPA's) approval of the Nevada Clean Air Act (CAA) state implementation plan (SIP) revision that requires gasoline sold in the wintertime in Clark County, Nevada, which is a serious nonattainment area for carbon monoxide (CO), to contain a...
The court denies environmental groups' motion to reopen a previous action and dismisses the groups' current action against the federal government in which the groups allege that the U.S. Navy violated the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the Marine Mamm...