The D.C. Circuit, on remand from the U.S. Supreme Court, invalidated EPA's 2014 emissions budgets under the transport rule, also known as the Cross-State Air Pollution Rule, as applied to various states. The CAA's "good neighbor" provision requires upwind states to prevent sources within their borde...

The D.C. Circuit denied petitions challenging an EPA regulation that revised the NESHAP for hexavalent chromium, a carcinogenic compound that gets emitted into the air during the chrome-finishing process. The new rule, issued in 2012, imposes more stringent emissions limitations than its predecessor...

The D.C. Circuit upheld an EPA regulation that requires automobile manufacturers to use "commercially available" fuel when testing the emissions of new vehicles under the CAA. Several producers of E30, a fuel that contains 30% ethanol, argued that a fuel shouldn't have to be commercially available i...

A district court ordered Oklahoma to file a brief by July 16 explaining why the court should have jurisdiction over the state's lawsuit challenging EPA's proposed "Clean Power Plan" to reduce carbon dioxide emissions on a nationwide basis. Numerous states, including Oklahoma, recently filed a case i...

The U.S. Supreme Court reversed and remanded EPA's rule limiting hazardous air pollutant emissions from power plants, holding that the Agency interpreted CAA §112(n)(1)(A) unreasonably when it deemed cost irrelevant to the decision to regulate power plants. CAA §112(n)(1) directs EPA to regulate e...

The Ninth Circuit denied petitions for review challenging EPA's promulgation of 40 C.F.R. §52.245, a regulation that revised the scope of a previous EPA decision, after the Agency determined that it had mistakenly approved certain new source review rules in 2004 as part of California's SIP. EPA iss...

The Ninth Circuit denied a petition for review challenging EPA's approval of a revision to California's SIP that authorized the San Joaquin Valley air pollution control district to impose fees on mobile sources of pollution—primarily motor vehicles—as an alternative to the fees previously impose...

The Ninth Circuit granted in part and denied in part petitions for review challenging EPA's federal implementation plan to reduce regional haze at two power plants in Montana. The owner and operator of the plants, as well as environmental groups, filed separate petitions for review, and the court ag...

The D.C. Circuit dismissed petitions for review challenging EPA's anticipated rule restricting carbon dioxide (CO2) emissions from existing power plants. On June 18, 2014, EPA proposed a rule to restrict CO2 emissions from existing coal-fired and natural gas-fired power plants. The comment period ha...

The D.C. Circuit denied several petitions for review challenging aspects of an EPA rule that provides procedures for classifying non-hazardous secondary materials as RCRA "solid waste" for the purpose of CAA emission standards for incinerators and other combustion units. The rule classifies secondar...