The Fifth Circuit vacated the Texas Commission on Environmental Quality's (TCEQ's) order granting a PSD permit for a new liquefied natural gas (LNG) facility in Texas. An environmental group petitioned for review, arguing TCEQ erred by not imposing the same emissions limits for carbon monoxide and n...
The D.C. Circuit denied the state of Utah's motion to stay EPA's 2023 "good neighbor" rule, which aims to ensure that 23 states meet the CAA's good neighbor requirements by reducing ozone-forming emissions of nitrogen oxides from power plants and industrial facilities that contribute to compliance i...
A district court granted summary judgment for several bus companies in a CAA citizen suit alleging that the companies excessively idled their buses in violation of Massachusetts and Connecticut law. The companies moved for summary judgment, asserting the group lacked standing. The court found the co...
The Tenth Circuit, 2-1, granted in part an environmental group's challenge to EPA's approval of a Colorado SIP revision certifying that the state's existing, EPA-approved nonattainment new source review permitting program for the Denver Metro-North Front Range area met the requirements for attaining...
The Tenth Circuit affirmed in part and vacated in part EPA's partial approval and partial disapproval of Wyoming's SIP addressing emissions at coal-fired power plants to reduce regional haze. EPA approved the SIP as to the Naughton plant, but disapproved it for the Wyodak plant, and substituted, thr...
The Tenth Circuit denied environmental groups' petition to review approval of Utah's July 2019 revised SIP addressing regional haze. The groups argued EPA abused its discretion by approving the SIP because Utah's alternative measure did not satisfy CAA national visibility goals, and that the Agency ...
The Third Circuit denied an environmental group's petitions to review EPA's approval of certain air pollution control technology use at industrial facilities in Pennsylvania. The group argued EPA violated the CAA by focusing exclusively on emissions from those facilities instead of examining their i...
The Third Circuit vacated EPA's 2022 decision to reverse its prior determination and to require an oil refinery in the Virgin Islands to obtain a PSD permit before it can resume operations. The refinery owner petitioned for review, arguing EPA's application of its reactivation policy—under which a...
The D.C. Circuit denied a group of fuel refineries' petitions to review EPA's rule extending compliance reporting deadlines under the Renewable Fuel Standard program. The group argued the rule violated the CAA by providing obligated parties less than 13 months' compliance lead time—from EPA's anno...
The D.C. Circuit denied petitions to review EPA's promulgation of a rule that regulates the emission of greenhouse gases from aircraft engines under CAA §231 by aligning domestic standards with those recently promulgated by the International Civil Aviation Organization (ICAO). Twelve states, the Di...