The Sixth Circuit held that the CAA's citizen suit provision does not allow an environmental group to file suit to compel the state of Ohio to administer a particular federal CAA regulation it has chosen no longer to administer. In 2006, the Ohio General Assembly passed legislation that allows the s...

A California court overturned a small claims court's grant of damages in favor of a woman who filed suit against an automobile manufacturer for making fraudulent claims about her hybrid car's fuel economy and performance. The manufacturer's fuel economy ratings were obtained using the test metho...

A district court held that EPA does not have a mandatory duty to review and, if necessary, promulgate new PSD rules for ozone simply because the NAAQS for ozone has been revised. The history of the CAA and its numerous amendments unambiguously demonstrates that Congress differentiated duties ste...

A district court held that an environmental group may go forward with its CAA citizen suit against EPA for failing to promulgate by November 15, 2000, regulations to reduce hazardous air pollutant emissions created during the manufacturing of brick and structural clay products. EPA filed a motio...

The Fifth Circuit vacated EPA's disapproval of three Texas regulations that provide for a standardized permit for minor new source review (NSR) pollution control projects that reduce or maintain current emissions rates. EPA had no legal basis on which to disapprove the permit. EPA used Texas law...

The D.C. Circuit upheld EPA's rule designating certain areas in Utah as nonattainment for the 2006 24-hour fine particulate matter (PM2.5) standard. Petitioners—two counties, three cities, and an aerospace and defense company—challenged the inclusion of parts of Tooele and Box Elder Counties wit...

A district court partially dismissed EPA's lawsuit against an energy company for violating the CAA when it allegedly undertook major modifications at a coal-fired power plant in Festus, Missouri. EPA alleged that the company violated the Missouri SIP, the terms of its Title V permit, and the CAA...

The Federal Circuit, in a case involving an electronics manufacturer's challenge to excise taxes on the use of ozone depleting chemicals (ODCs), reversed a lower court decision ordering the IRS to disclose to the manufacturer its excise tax audits of other companies. After paying the excise tax ...

The Ninth Circuit held that EPA's approval of the 2004 SIP for the San Joaquin Valley nonattainment area for the one-hour ozone NAAQS was arbitrary and capricious. Although it approved the SIP in 2010, EPA's approval was based on data current only as of 2004. By approving the 2004 SIP despite kn...

A district court dismissed an automobile engine manufacturer's lawsuit against EPA seeking to force the Agency to recall model year 2010 heavy-duty diesel engines equipped with liquid, urea-based selective catalyst reduction (SCR) technology for failing to comply with CAA emissions standards. Th...