The Fifth Circuit vacated and remanded a lower court decision that imposed penalties against an oil company for alleged CAA permit violations at its industrial complex in Baytown, Texas. Environmental groups filed a CAA citizen suit against the company, alleging violations that occurred thousands of...
The D.C. Circuit upheld EPA's 2018 decision to add a wheel-covering facility in Mississippi to the NPL. The company that assumed environmental liabilities for the facility argued that EPA improperly applied the hazard ranking system regulations to the site by failing to account for the company's mit...
A district court denied summary judgment for New York in a challenge to EPA's designation of the eastern Long Island Sound as an open-water dredge disposal site. New York argued EPA's determination that a new site was needed to service the eastern Sound was arbitrary and capricious, that the Agency ...
The D.C. Circuit vacated EPA's denial of New York's petition concerning cross-border pollution from nine upwind states. The state had asked EPA to find that power-generating and other facilities in the nine states were violating the CAA's "good neighbor" provision by producing emissions that contrib...
The D.C. Circuit granted in part and denied in part petitions to review EPA's attainment designations for its 2015 ozone NAAQS. Environmental groups, municipal governments, and the state of Illinois argued that the Agency failed to follow its own scientific and technical record when it decided that ...
The North Dakota Supreme Court affirmed a lower court ruling upholding the North Dakota Department of Environmental Quality's issuance of an air quality permit to construct a refinery. A conservation group argued the Department's omission of an enforceable permit limit for hazardous air pollutants (...
A district court dismissed for lack of subject matter jurisdiction a suit concerning EPA's CAA obligations to regulate pollution from coke ovens. Environmental groups argued the CAA required EPA to perform a risk assessment every time it revised its technology-based standards for a hazardous polluti...
The Tenth Circuit held that EPA erred in denying an environmental group's petition to review the renewal of a state-issued Title V operating permit for a coal-fired power plant in Utah. The group's petition argued that EPA should object to the renewal because it failed to "assure compliance" with al...
A district court stayed the Navigable Waters Protection Rule, which substantially narrows the definition of "waters of the United States" that are subject to federal regulation under the CWA, in Colorado. Colorado argued that the Supreme Court's ruling in Rapanos v. United States foreclosed the appr...
A district court denied a motion for preliminary relief in a challenge to the Navigable Waters Protection Rule, which substantially narrows the definition of "waters of the United States" that are subject to federal regulation under the CWA. California argued that EPA and the Army Corps of Engineers...