News & Analysis as of

Clean Air Act Remand

Blank Rome LLP

FERC Affirms Texas LNG Export Project on Remand and Rejects Attempts to Enlarge Diminished Scope of Environmental Review

Blank Rome LLP on

The Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an Order addressing the United States Court of Appeals for the District of Columbia Circuit’s (“D.C. Circuit”) second remand concerning Texas LNG...more

McGlinchey Stafford

U.S. Court of Appeals Reverses EPA Decision on Small Refinery Biofuel Exemptions

McGlinchey Stafford on

On Friday, July 26, 2024, a federal appeals court overturned the Biden administration’s decision to reverse small refinery exemptions to the Renewable Fuel Standard (RFS). The U.S. Court of Appeals for the District of...more

Bricker Graydon LLP

Sixth Circuit Ruling on Ohio’s Air Nuisance Rule

Bricker Graydon LLP on

On February 10, 2023, the Sixth Circuit issued an opinion in Sierra Club, et al. v. U.S. EPA, et al., (Case No. 21-3057). The case involved a petition for review filed by the Sierra Club, the Ohio Environmental Council, and...more

Spilman Thomas & Battle, PLLC

Currents - Energy Industry Insights: Issue 27, July 2020

Big Oil repeatedly remanded to state courts - will SCOTUS come to the rescue? "Oil companies facing suits by state and local governments that want them to bear a share of the cost of responding to the consequences of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Interstate Ozone/Environmental Groups Citizen Suit Notice to U.S. Environmental Protection Agency: Arkansas Is One of Twenty...

A coalition of environmental groups represented by Earthjustice put the United States Environmental Protection Agency (EPA) on notice they intend to file a Clean Air Act citizen suit action over the agency’s alleged failure...more

Jones Day

Another Federal Court in California Grants Remand of Climate Change Litigation

Jones Day on

The Situation: In what may have further muddied the waters of the viability of the recent U.S.-filed state law climate change litigation against industry, a second federal court in San Francisco has granted remand of three of...more

Foley Hoag LLP - Environmental Law

5th Circuit Vacates Verdict for ExxonMobil in CAA Citizen Suit: Still Not Much of a Win for the Plaintiffs

Last Friday, the 5th Circuit Court of Appeals vacated a District Court decision which had refused to impose penalties on ExxonMobil for various violations of the Clean Air Act at ExxonMobil’s Baytown refinery. While the...more

McGuireWoods LLP

Supreme Court Strikes Down EPA’s Mercury and Air Toxics Standard

McGuireWoods LLP on

Delivering a sharp blow to President Obama’s efforts to regulate coal plants, the U.S. Supreme Court invalidated the Environmental Protection Agency’s (EPA’s) 2012 Mercury and Air Toxics Standards (MATS) rule, finding that...more

Saul Ewing LLP

Because EPA Failed to Consider Costs to Industry, Supreme Court Overturns Power Plant Regulation

Saul Ewing LLP on

The Mercury and Air Toxics Standards rule ("MATS") for electric utility steam generating units has been reversed and remanded with the Supreme Court’s much-anticipated decision in Michigan v. EPA on June 29, 2015. Writing for...more

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