The Ninth Circuit affirmed a district court's denial of a car owner's motion to intervene in DOJ's case against a German automaker to resolve alleged CAA violations. The owner argued that DOJ's settlement with the automaker violated Virginia's SIP by not requiring all affected vehicles to be bought ...

The D.C. Circuit denied Delaware's petition to review EPA's decision granting the Philadelphia area an extra year to comply with national ground-level ozone standards. Delaware argued that the Agency's extension violated the CAA because not all four states in the Philadelphia area applied for an ext...

The D.C. Circuit denied petitions from industry groups challenging EPA's new kiln air emissions standards for brick and clay manufacturers, and largely granted petitions from environmental groups who argued the standards were not strict enough to protect human health. Industry groups argued that the...

A district court ordered EPA to issue federal implementation plans fully resolving interstate transport obligations under the CAA's "good neighbor" provision for the 2008 ozone NAAQS. EPA conceded that it missed the deadline to do so under the Act. The Agency also acknowledged that it was feasible t...

The Tenth Circuit refused to stay pending interlocutory appeal a lower court order staying BLM's waste prevention rule, which was issued to reduce the venting, flaring, and leaking of natural gas emissions during oil and gas production activities on onshore federal land. California, New Mexico, and ...

The D.C. Circuit upheld amendments EPA made to its CAA regional consistency regulations that allow regional offices to act counter to national policies when ordered to do so by federal circuit courts. EPA issued the amended regulations in 2016 in response to the D.C. Circuit's decision in National E...

A district court ordered EPA to promulgate revised CAA emission standards for nine industrial sectors by October 1, 2021. Environmental groups wanted the overdue rulemakings to be completed within two years, while the Agency requested seven years. The court determined that three and a half years was...

The D.C. Circuit upheld EPA's 2012 regional haze rule, which seeks to restore air quality and visibility in certain national parks and wilderness areas to what they would be under natural conditions. The rule requires states to impose best available retrofit technology (BART) on certain stationary p...

The D.C. Circuit granted in part and denied in part petitions concerning EPA's NESHAPs for industrial boilers. The first challenge raised by environmental groups concerned regulations that indirectly control a group of organic pollutants by limiting carbon monoxide emissions as a proxy for the targe...

The D.C. Circuit held that EPA unlawfully revoked the 1997 ozone NAAQS when it implemented the 2008 standard. In 2008, EPA set the ozone NAAQS at 75 parts per billion (ppb). In 2015, when implementing the standard, the Agency eliminated the 1997 standard of 84 ppb on the grounds that it was impossib...