The First Circuit upheld the dismissal of a developer's federal takings claim against two state agencies for restricting its development of a coastal residential subdivision in Rhode Island. In Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (19...
The Ninth Circuit held that the CAA does not preempt a local air district's adoption and enforcement of rules regulating air emissions from diesel-powered engines. CAA §209(e) expressly prohibits states from setting "standards or other requirements relating to the control of emissions" from no...
The Federal Claims court denied a mining company's motion and the government's cross-motion for summary judgment in a Fifth Amendment takings claim stemming from various CERCLA remediation actions taken at the mine. The company argued that the government effectively denied access to parts of the min...
The Tenth Circuit upheld the dismissal of an environmental group's CAA citizen suit against a power company alleging that it was attempting to build a coal-fired power plant with an invalid PSD permit. The permit provided that if construction did not commence by May 29, 2005, or if construction...
A district court ordered EPA to promulgate emission standards for area source boilers, major source boilers, and commercial and institutional solid waste incineration units by February 21, 2011. In March 2006, the court ordered EPA to fulfill its statutory duties regarding the promulgation o...
The Ninth Circuit reversed a lower court decision denying the award of attorney fees to an environmental group in their lawsuit against a town for discharging toxic pollutants into a bay in violation of the CWA. In that case, the court held that the town must apply for an NPDES permit for its harbor...
The Fourth Circuit upheld a lower court's fee award in favor of environmental groups in their CAA case against an energy company. Below, the groups moved for summary judgment on the basis that the company was violating the CAA by constructing a new major source of hazardous air pollution without f...
The D.C. Circuit denied a petition for review challenging EPA's decision granting California a waiver from federal preemption under the CAA that allows the state to implement its own regulations requiring automobile manufacturers to reduce fleet-average greenhouse gas emissions from new motor vehicl...
A district court denied two aviation associations' motions to intervene in a case asking the court to order EPA to use its authority under the CAA to regulate greenhouse gas emissions from marine vessels, aircraft, and other nonroad vehicles. The aviation associations filed the instant motions to in...