A district court granted environmental groups' request to compel the U.S. Chemical and Safety Hazard Investigation Board to promulgate regulations concerning accidental chemical releases. The groups argued that the Board's failure to implement reporting regulations in the 27 years since Congress ame...

A state court upheld the North Dakota Department of Health's decision to issue an air quality permit for construction of an oil refinery less than three miles from Theodore Roosevelt National Park. Environmental groups argued that the Department's decision to issue a synthetic minor source permit ra...

A district court denied EPA's motion to dismiss a lawsuit brought by several states alleging that the Agency failed to implement and enforce its 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. The Agency argued that the CAA did not unequivocally waive sovereign imm...

The D.C. Circuit denied two petitions to review EPA attainment designations for the 2010 sulfur dioxide NAAQS. An environmental group argued that the Agency should have designated Gallia County, Ohio, as a nonattainment area rather than an unclassifiable area because air quality modeling data submit...

A district court granted in part an environmental group's request to compel EPA to produce guidelines for commercial or industrial solid waste incinerators (CISWI) and other categories of solid waste incinerators (OSWI). The group argued that the Agency failed to comply with nondiscretionary duties ...

The Ninth Circuit affirmed the dismissal of oil and trucking industry groups' challenge to Oregon's Clean Fuels Program, which regulates production and sale of transportation fuels based on greenhouse gas emissions. The groups argued that the program violated the dormant Commerce Clause by facially ...

The Ninth Circuit denied an environmental group's petition to review EPA's approval of a Montana SIP revision. The group argued that the approval was arbitrary and capricious because Montana's Department of Environmental Quality interpreted one of the SIP's provisions less stringently than the CAA a...

The D.C. Circuit vacated EPA's rule delaying the 2017 Chemical Disaster Rule, which established safety standards for chemical facilities. The Agency argued that it had authority under CAA §112 to delay the effective date of the Rule beyond the ninety-day limit set forth in CAA §307 because ninety ...

A district court granted in part an environmental group's motion for summary judgment to compel EPA to act on its 2016 Plan for the 2008 eight-hour ozone NAAQS adopted by the San Joaquin Valley Air Pollution Control District and granted in part the Agency's motion requesting an extension on the dead...

The D.C. Circuit denied environmental groups' petition to review a 2016 rule that EPA uses to determine whether an event caused by recurring activity is "exceptional" and thus exempt from a state's emissions report. The groups argued that EPA misread the definition of "natural event" under the excep...