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States Sue SEC in Ongoing Fight Over Reg BI
The United States Court of Appeals District of Columbia Circuit (“Court”) addressed in a September 5th Opinion the validity of the Clean Air Act Startup/Shutdown/Malfunction (“SSM”) affirmative defense. See SSM Litigation...more
A group of 24 Republican AGs have filed a brief challenging the EPA’s Greenhouse Gas Emissions Standards for Heavy-Duty Vehicles—Phase 3 final rule (Final Rule), which sets standards to reduce greenhouse gas emissions from...more
Ohio AG Dave Yost and Kansas AG Kris Kobach have completed briefing on their emergency application with the U.S. Supreme Court to stay the EPA’s “Reconsideration of the National Ambient Air Quality Standards for Particulate...more
The week of June 23, 2024, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking...more
A coalition of 24 Republican AGs, co-led by West Virginia AG Patrick Morrisey and Kentucky AG Russell Coleman, has filed a petition for judicial review with the U.S. Court of Appeals for the D.C. Circuit challenging a new air...more
On March 5, the U.S. Court of Appeals for the D.C. Circuit denied a challenge to a more than decade-old EPA rule related to the records that source owners must keep in order to support claims that certain of their activities...more
Last week, the 3rd Circuit Court of Appeals vacated EPA’s approval of Pennsylvania’s SIP for attaining the 2008 NAAQS for NOx. Specifically, the Court found that EPA’s approval was arbitrary and capricious with respect to...more
In a split decision issued on January 16, the Washington State Supreme Court ruled that the Department of Ecology (Ecology) lacks authority under the state’s Clean Air Act (the act) to cap greenhouse gas emissions from...more
Northwest Environmental Advocates (“NEA”) filed a September 26th Clean Water Act Citizen Suit Action in United States District Court alleging that the United States Environmental Protection Agency’s (“EPA”) 2016 approval of...more
In 2008, EPA issued an administrative order to Chantell and Michael Sackett, requiring them to remove what EPA had concluded was illegally placed fill on their property in Northern Idaho. Litigation followed, including a...more
The United States District Court for the District of Columbia (“Court”) issued a January 29th Memorandum Opinion addressing three motions to intervene as defendants in a pending challenge to the United States Environmental...more
A United States District Court (Central District of California) (“Court”) addressed in an August 9th opinion an issue involving the application of the Clean Water Act National Pollution Discharge Elimination System (“NPDES”)...more
On August 9, 2018, the United States District Court for the Central District of California held that the United States Environmental Protection Agency (USEPA) is required to more specifically regulate certain types of...more
The Tenth Circuit Court of Appeals (“10th Circuit”) addressed in a July 24th opinion a challenge to the United States Environmental Protection Agency (“EPA”)approval of a Colorado State Implementation Plan (“SIP”). See...more
Last Friday, May 18, 2018, the D.C. Circuit Court of Appeals vacated EPA’s rule adding the West Vermont Drinking Water Contamination Site to the National Priorities List, finding EPA’s decision to be arbitrary and capricious...more
A coalition of states has opened a new front in the ongoing battles between the Trump Administration’s efforts to streamline regulations applicable to industry and the interests favoring additional regulation. In response to...more
In a very interesting – and extremely rare – case, Emhart Industries has successfully defended itself against a unilateral administrative order issued by EPA under CERCLA, on the ground that key decisions made by EPA were...more
The Rio Hondo Land & Cattle Company (“Rio Hondo”) filed an August 22nd Petition for Review (“Petition”) before the United States Environmental Protection Agency Environmental Appeals Board challenging certain terms and...more
Environmental lawyers live for acronyms. Why is CSAPR > BART? Because EPA determined that, on net, EPA’s Transport Rule is “better than BART,” meaning that compliance with the Transport Rule yields greater progress towards...more
Earlier this week, the 9th Circuit denied Arizona’s challenge to EPA’s decision to reject Arizona’s SIP addressing regional haze requirements and instead promulgate its own federal implementation plan. The decision has a...more