The D.C. Circuit held that EPA's determination that it completed sufficient standards to meet CAA §112(c)(6)'s 90% requirement for hazardous air pollutants is a legislative rulemaking subject to APA notice-and-comment requirements. EPA's determination, having declared the end not only of its multi-...

The D.C. Circuit upheld an EPA rule that added the gold mine ore processing and production area source category to the list of source categories to be regulated under CAA §112(c)(6). CAA §112(c)(6) requires action by EPA on seven bioaccumulative hazardous air pollutants (HAPs), including mercury, ...

A district court held that the CAA preempts individuals' tort law action against a coal-fired power plant for property damage stemming from the plant's air emissions. In essence, the individuals' complaint attacks the plant's air emissions and asks the court to regulate them. But the CAA provides a ...

A district court held that utilities violated CAA §112(g) by upgrading an existing power plant in Lamar, Colorado, from a natural gas-fired plant into a coal-fired one without receiving a maximum achievable control technology (MACT) determination. When the state environmental agency first issued th...

A district court denied a company's motion to dismiss an environmental group's CAA citizen suit against it for building seven compressor stations without first obtaining a nonattainment new source review permit. The company claimed that it properly applied for and received less stringent permits fro...

A district court held that reheater replacements at a Louisiana power plant constitute a major modification and do not qualify for the routine maintenance, repair or replacement exception to the CAA's PSD provisions. In Wisconsin Electric Power Co. v. Reilly, 893 F.3d 901, 20 ELR 20414 (7th Cir. 199...

The court denied Vermont's motion to dismiss automobile manufacturers' claims that the state's greenhouse gas regulations are either preempted by or violate the Clean Air Act and the Energy Policy and Conservation Act. Vermont's regulations are identical to California's standards, which have yet to ...

The Court held that the U.S. Environmental Protection Agency (EPA) has the statutory authority to regulate greenhouse gases (GHGs) from new motor vehicles. The case arose after private organizations petitioned EPA to begin regulating four GHGs, including carbon dioxid (CO2), under the Clean Air Act....

The D.C. Circuit held that trade associations for the engine, petroleum, and food industries lack standing to challenge two EPA decisions approving the introduction of E15—a blend of gasoline and 15 percent ethanol—for use in select motor vehicles and engines. EPA granted "partial" waivers appro...

The D.C. Circuit vacated EPA's transport rule, also known as the Cross-State Air Pollution Rule, which sets sulfur dioxide and nitrogen oxides emissions limits for 28 upwind states based on those states' contributions to downwind states' air quality problems. The CAA's "good neighbor" provision requ...