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Sierra Club v. Environmental Protection Agency

The D.C. Circuit dismissed a petition to review EPA's Guidance on Significant Impact Levels (SILs) for Ozone and Fine Particles in the Prevention of Significant Deterioration Permitting Program, which sets numerical SILs that can be used by companies applying for PSD permits. An environmental group ...

Wheelabrator Baltimore, L.P. v. Mayor and City Council of Baltimore

A district court granted two Baltimore solid waste incineration facilities' partial motion for summary judgment in a challenge to the Baltimore Clean Air Act (BCAA). The facilities argued the BCAA was "conflict preempted" by Maryland law because it prohibited solid waste incinerators from operating ...

Renewable Fuels Ass'n v. United States Environmental Protection Agency

The Tenth Circuit vacated EPA orders that granted extensions of exemptions under the CAA's renewable fuels program for three small refineries. Industry groups challenged the orders, arguing that EPA failed to honor the statutory requirement of an "extension" by confusing an extension of an exemption...

Ass'n of Washington Business v. Washington State Department of Ecology

The Washington Supreme Court invalidated a rule promulgated by the state's Department of Ecology authorizing regulation via emission standards of businesses that do not directly emit greenhouse gases (GHGs), but whose products do. Industry groups and utility companies argued the Department lacked au...

California v. United States Environmental Protection Agency

A district court denied EPA's request to stay a previous order requiring it to comply with its 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. Eight states had argued that the Agency failed to implement and enforce the guidelines by, among other things, failing to ...

Advanced Biofuels Association v. Environmental Protection Agency

The D.C. Circuit upheld EPA's decision to modify the criteria or lower the threshold by which the Agency determined whether to grant small refineries an exemption from the CAA's Renewable Fuel Program. An industry group argued that the increase in the number of exemptions granted in 2016 and 2017 co...

United States v. Ameren Missouri

A district court granted in part a motion to stay its previous order requiring an electric utility company to obtain a PSD permit to address CAA violations at its coal-fired power plant in Festus, Missouri, and to install air pollution control technology at a neighboring plant in Labadie, Missouri. ...

California v. Environmental Protection Agency

The D.C. Circuit upheld EPA's decision to reconsider greenhouse gas emission standards for model year 2022-2025 vehicles. States and environmental groups argued that EPA violated procedural and substantive requirements imposed by the CAA and that the decision was arbitrary and capricious. The Agency...

Sierra Club v. United States Environmental Protection Agency

The Fifth Circuit upheld EPA's approval of Louisiana's SIP for controlling regional haze. Environmental groups challenged the approval of Louisiana's selection of low-sulfur coal over a more effective pollutant control as the best available retrofit technology to curb emissions at a coal-fired power...