Analyzing West Virginia v. Environmental Protection Agency
On the final day of the 2021-2022 term, the U.S. Supreme Court released its decision in West Virginia v. Environmental Protection Agency. The majority (6-3) opinion limited the U.S. Environmental Protection Agency’s (EPA’s) authority to regulate greenhouse gas emissions from power plants under Clean Air Act §111(d), in part by invoking the “major questions doctrine.” The decision has implications for EPA’s authority both to regulate emissions from stationary sources and to regulate greenhouse gases more broadly.
Racing Enthusiasts and Suppliers Coalition v. Environmental Protection Agency
The D.C. Circuit dismissed for lack of standing a petition to review a 2016 EPA rule concerning greenhouse gas emissions and fuel efficiency standards for medium- and heavy-duty engines and vehicles. A coalition representing businesses that make and sell aftermarket car products challenged the rule'...
Chevron U.S.A., Inc. v. Environmental Protection Agency
The D.C. Circuit dismissed an oil company's petition to review EPA's response concerning the decommissioning status of two oil platforms off the California coast. The company initially asked EPA for guidance on whether, as the process moves forward, the platforms would cease to qualify as regulated ...
West Virginia v. Environmental Protection Agency
The U.S. Supreme Court held, 6-3, that President Barack Obama's EPA had exceeded its statutory authority under §111(d) of the CAA when it promulgated the Clean Power Plan to address carbon dioxide pollution from existing power plants. States and coal companies had petitioned for review of the plan,...
PennEnvironment, Inc. v. United States Steel Corp.
A district court denied environmental groups' motion for partial summary judgment in a CAA citizen suit brought against a steel company concerning hydrogen sulfide and sulfur dioxide emissions at its production facilities in Pennsylvania. The groups argued the company repeatedly violated the CAA, th...
Quincy, Massachusetts v. Massachusetts Department of Environmental Protection
The First Circuit affirmed the Massachusetts Department of Environmental Protection's (MDEP's) decision to issue an air permit for a natural gas compressor station in Weymouth, Massachusetts. Neighboring cities and individuals argued MDEP failed to follow its own established procedures by eliminatin...
Rebutting Administrator Wheeler's Denial of a NAAQS for Greenhouse Gases
In 2009, when carbon dioxide (CO2) levels were at 387.43 parts per million, the Center for Biological Diversity and 350.org submitted a citizen petition calling on the U.S. Environmental Protection Agency to take steps necessary to institute a national ambient air quality standard (NAAQS) for greenhouse gas (GHG) emissions under §§108-110 of the Clean Air Act (CAA). For 12 years, the petition was simply ignored. Then, the day President Donald Trump left office, outgoing EPA Administrator Andrew Wheeler issued a letter denying the petition.
Ass'n of Irritated Residents v. U.S. Environmental Protection Agency
The Ninth Circuit granted in part and denied in part a petition to review EPA's final rule approving California's SIP for meeting the air quality standard for ozone in the San Joaquin Valley. An environmental group argued the SIP's contingency measure was inadequate because it provided only a nomina...
Hearth, Patio & Barbecue Ass'n v. Environmental Protection Agency
The D.C. Circuit denied a challenge to EPA's 2015 rule updating the standards under which the Agency audits wood-burning heaters' compliance with CAA emissions limits. An industry group argued the rule was invalid because, unlike the 1988 rule, it authorized testing at other labs and neither account...