The D.C. Circuit upheld the dismissal of a CAA citizen suit challenging EPA's failure to take action to prevent the construction of three proposed pollution-emitting facilities in Kentucky. The lower court held that there was no mandatory duty to act and granted EPA's motion to dismiss for lack...

The D.C. Circuit vacated an EPA guidance document addressing obligations of regions still in nonattainment of the 1997 one-hour ozone NAAQS. The guidance binds EPA regional directors and thus qualifies as final agency action. As such, it amounts to a legislative rule issued in violation of the ...

The Ninth Circuit upheld the dismissal of an environmental group's CAA claim challenging an air quality district's method for offsetting emissions increases in its new source review permit program. The district's regulation, contained in the state's EPA-approved SIP, requires that most increase...

A district court held that EPA need not issue endangerment findings under the CAA for marine vessels and nonroad vehicles and engines, but it denied the Agency's motion to dismiss environmental groups' request for an endangerment finding with respect to aircraft engines. EPA argued that the CAA prov...