The Fifth Circuit granted in part and denied in part states' challenges to EPA's disapprovals of SIPs developed in response to the Agency's 2015 decision calling for SIPs to achieve a new ozone NAAQS. Texas, Louisiana, and Mississippi argued EPA's disapprovals of their SIPs were arbitrary and capric...

The Tenth Circuit denied environmental groups' petition to review an EPA rule that partially approved Colorado's SIP to reduce ozone pollution. The groups sought vacatur of the approval, arguing the Agency violated the CAA by approving the reasonable further progress and motor vehicle emissions budg...

A district court granted in part environmental groups' motion for summary judgment in a CAA citizen suit concerning EPA's duty to update emissions standards for hazardous waste combustors. The groups sought declaratory judgment stating that EPA failed to comply with its obligations and injunctive re...

The Fifth Circuit granted EPA's motion to vacate its disapprovals of portions of regional haze SIPs submitted by Texas and Oklahoma and the issuance of federal implementation plans (FIPs) establishing a long-term strategy and/or reasonable progress goals for the states. EPA argued that because key d...

The Sixth Circuit vacated EPA's 2023 disapproval of a SIP proposed by Kentucky to comply with Agency changes to ozone NAAQS. Kentucky challenged the disapproval, which rested on different modeling that came out after the Agency's deadline for submitting the plan and on a lower threshold than the one...

In a per curiam opinion, a divided en banc Fifth Circuit affirmed a district court's civil penalty award of $14.25 million against an oil company in a long-running dispute concerning alleged CAA permit violations at an industrial complex in Baytown, Texas. Environmental groups had filed a CAA citize...

A district court denied industry groups' motion for summary judgment in a challenge to California's adoption of an emissions regulation for railroads operating within the state. The groups argued that the regulation, which would require companies to phase out locomotives that are more than 23 years ...

A district court granted five states' motion to preliminarily enjoin BLM from implementing its 2024 rule that requires oil and gas operators to flare rather than vent excess methane gas to prevent waste and conserve resources. North Dakota, Montana, Texas, Wyoming, and Utah argued the rule exceeded ...

In a per curiam opinion, the D.C. Circuit granted industry groups' petitions and denied environmental groups' petition to review EPA's application of a 2022 rule that classified industrial boilers built after 2010 as "new" rather than "existing" sources of hazardous air pollutants. The industry grou...

In a per curiam opinion, the D.C. Circuit dismissed in part and denied in part challenges to EPA's 2022 denial of pending Renewable Fuel Standard (RFS) exemption petitions filed by small refineries. EPA had determined the only costs relevant to showing economic hardship were those caused by complian...