The Fourth Circuit held that it does not have jurisdiction to determine whether EPA violated the CAA when the agency failed to conduct continuing evaluations of potential loss or shifts of employment before implementing regulations. In 2014, several coal companies brought suit against EPA, alleging ...

The Iowa Supreme Court held that neighbors of an Iowa corn processing plant were properly certified as a class to pursue pollution claims against the operator. The neighbors filed a suit under state nuisance, trespass, and negligence law, claiming air pollution from the plant interfered with the use...

The D.C. Circuit vacated an EPA final rule that exempted farms from reporting requirements for air releases from animal waste. In 2008 the EPA issued a final rule that generally exempts farms from CERCLA and EPCRA reporting requirements for air releases from animal waste, reasoning that the reports ...

A California Appeals Court upheld a state cap-and-trade regime against challenges from the state commerce board and affected industry players. In 2006, California passed the California Global Warming Solutions Act, which aims to reduce greenhouse gas (GHG) emissions. To achieve the goals of the act,...

The Ninth Circuit upheld an EPA federal implementation plan (FIP) under the CAA that replaced rejected portions of the Arizona SIP concerning air quality at federal parks and forests. In 2011, Arizona submitted a SIP to EPA for approval. EPA disapproved certain aspects of Arizona’s SIP concerning ...

A district court ordered EPA to complete overdue assessments of 13 sources of hazardous air pollutants. In 2016, environmental groups sued the Agency over a failure to meet CAA requirements that the standards for air pollutants be reviewed within eight years to account for technology improvements. T...

A district court denied a winery's motion to strike claims by EPA under CERCLA, the CAA, and other statutes in connection with a release of ammonia that claimed the life of one worker. In 2012, the winery experienced a 284-pound release of anhydrous ammonia from its refrigeration system. A cloud of ...

The Ninth Circuit rejected challenges to EPA's interpretation of the Tribal Authority Rule under the CAA in a case concerning a coal-fired power plant on Navajo land. In 2013, in response to Navajo Nation's failure to issue a Tribal Implementation Plan for the coal-fired plant, EPA proposed federal ...

A district court denied EPA’s request for a five-year extension to review hazardous emissions standards under the CAA covering 20 different industries. Plaintiffs brought suit to compel EPA to finalize emissions standards for the 20 regulated industries, and suggested a timeline of no more than tw...

A district court ruled that an insurance company owes no coverage for injuries from a carbon monoxide leak. A construction company allegedly negligently installed ventilation for a natural gas pool heater and failed to warn against the risks of carbon monoxide poisoning if the vents were not properl...