The Tenth Circuit affirmed in part and vacated in part EPA's partial approval and partial disapproval of Wyoming's SIP addressing emissions at coal-fired power plants to reduce regional haze. EPA approved the SIP as to the Naughton plant, but disapproved it for the Wyodak plant, and substituted, thr...
The Tenth Circuit denied environmental groups' petition to review approval of Utah's July 2019 revised SIP addressing regional haze. The groups argued EPA abused its discretion by approving the SIP because Utah's alternative measure did not satisfy CAA national visibility goals, and that the Agency ...
The D.C. Circuit dismissed five states' petition to review EPA's extension of a compliance deadline for a revised national drinking water regulation, which in turn extended the deadline for states to enforce conforming regulations to their own. The states argued the extension would cause their resid...
The Minnesota Supreme Court affirmed in part and reversed in part an appellate court ruling in a challenge to the Minnesota Pollution Control Agency's (MPCA's) decision to issue an NPDES permit for a proposed mine and processing plant to extract copper, nickel, and precious metals in northeastern Mi...
The Ninth Circuit, 2-1, denied the city of San Francisco's challenge to an EPA order denying review of the city's NPDES permit for a combined sewer system and wastewater treatment facility. The city argued EPA violated the CWA by including in the permit two general narrative prohibitions on discharg...
The Third Circuit denied an environmental group's petitions to review EPA's approval of certain air pollution control technology use at industrial facilities in Pennsylvania. The group argued EPA violated the CAA by focusing exclusively on emissions from those facilities instead of examining their i...
The Third Circuit vacated EPA's 2022 decision to reverse its prior determination and to require an oil refinery in the Virgin Islands to obtain a PSD permit before it can resume operations. The refinery owner petitioned for review, arguing EPA's application of its reactivation policy—under which a...
The D.C. Circuit denied a group of fuel refineries' petitions to review EPA's rule extending compliance reporting deadlines under the Renewable Fuel Standard program. The group argued the rule violated the CAA by providing obligated parties less than 13 months' compliance lead time—from EPA's anno...
A district court granted EPA's and the Army Corps of Engineers' motion to stay Texas' and Idaho's challenge to the Biden Administration's 2023 rule revising the definition of "waters of the United States" under the CWA. The court stayed the suit until publication in the Federal Register of the agenc...
The Tenth Circuit affirmed denial of conservation groups' claims in a lawsuit concerning the Bureau of Reclamation's decision to sign a water contract allowing the state of Utah to draw from reservoir releases rather than the Green River and its tributaries. The groups argued the Bureau violated NEP...