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 dismissed for lack of jurisdiction a challenge to two FERC orders approving construction and operation of a natural gas compressor station in Massachusetts. Residents, municipalities, and an environmental group petitioned for review of the orders—one granting the station owner's r...
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...
In an unsigned order, the U.S. Supreme Court granted Mountain Valley Pipeline proponents' emergency application to vacate two Fourth Circuit orders halting construction of the 303-mile natural gas pipeline. The high court vacated the appellate court's July 10, 2023, and July 11, 2023, orders staying...
The Eighth Circuit affirmed summary judgment for the Bureau of Reclamation in a challenge to the Bureau's decision to move forward with a water reclamation project in North Dakota. The state of Missouri argued the Bureau violated the Water Supply Act by moving forward without first getting approval ...
The Fourth Circuit granted an environmental group's motion to stay construction on the Mountain Valley Pipeline in Jefferson National Forest pending its petition for review.
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A district court adopted a magistrate judge's findings and recommendations to grant in part and deny in part cross-motions for summary judgment in a lawsuit concerning the Forest Service's approval of a vegetation management project in the Kootenai National Forest. An environmental group had argued,...
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...
The D.C. Circuit granted in part and denied in part petitions to review EPA's revisions to designations promulgated in 2018 for northern Weld County, Colorado, and El Paso, Texas, as areas that had attained 2015 ozone pollution standards. The revised designations folded Weld County into the greater ...