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Commonwealth v. Exxon Mobil Corp.

The Massachusetts Supreme Court affirmed a lower court's denial of an oil and gas company's motion to dismiss a civil enforcement action brought by the Massachusetts attorney general (AG) based on the company's communications with investors and consumers concerning the impact of climate change. The ...

PennEnvironment, Inc. v. United States Steel Corp.

A district court denied environmental groups' motion for partial summary judgment in a CAA citizen suit brought against a steel company concerning hydrogen sulfide and sulfur dioxide emissions at its production facilities in Pennsylvania. The groups argued the company repeatedly violated the CAA, th...

Ministerio Roca Solida, Inc. v. United States

The Court of Federal Claims entered judgment for the U.S. government in a takings challenge against FWS for rerouting spring waters that had previously flowed through church property into a restoration channel in an effort to save a native fish species. The church argued the berm FWS installed upstr...

Ass'n of Irritated Residents v. U.S. Environmental Protection Agency

The Ninth Circuit granted in part and denied in part a petition to review EPA's final rule approving California's SIP for meeting the air quality standard for ozone in the San Joaquin Valley. An environmental group argued the SIP's contingency measure was inadequate because it provided only a nomina...

Hearth, Patio & Barbecue Ass'n v. Environmental Protection Agency

The D.C. Circuit denied a challenge to EPA's 2015 rule updating the standards under which the Agency audits wood-burning heaters' compliance with CAA emissions limits. An industry group argued the rule was invalid because, unlike the 1988 rule, it authorized testing at other labs and neither account...

United States v. Ameren Missouri

The Eighth Circuit affirmed in part and reversed in part a district court ruling in an ongoing enforcement suit concerning air pollution at a utility company's coal-fired power plant in Missouri. EPA argued the company violated the CAA, Missouri's SIP, and its Title V permit by performing modificati...

Growth Energy v. Environmental Protection Agency

The D.C. Circuit granted in part environmental groups' petition to review EPA's 2019 rule setting annual renewable fuel volume levels under the Renewable Fuel Standard (RFS) program. The groups argued that EPA's "aggregate compliance approach" for determining whether biofuel qualifies as renewable f...

American Fuel & Petroleum Manufacturers v. Environmental Protection Agency

The D.C. Circuit vacated in part EPA's 2019 rule lifting seasonal restrictions on the sale of higher-ethanol fuel. Petroleum industry groups challenged a specific section of the rule, in which EPA announced a new interpretation of when limits on fuel volatility under §7545(h)(4) of the CAA could be...