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Sierra Club v. United States Environmental Protection Agency

A district court ordered EPA to impose a "good neighbor” federal implementation plan (FIP) for Texas with respect to the 1997 fine particulate matter (PM2.5) NAAQS. In 2015, the D.C. Circuit invalidated portions of EPA's Cross-State Air Pollution Rule, which included a FIP addressing interstate tr...

Utah Physicians for a Healthy Environment v. Kennecott Utah Copper LLC

A district court dismissed on summary judgment environmental groups' lawsuit against a mining company for alleged SIP violations as it relates to NAAQS for coarse particular matter (PM10). Under the Utah SIP's "material moved" provision for PM10, total material moved (ore and waste) may not exceed 1...

Nucor Steel-Arkansas v. Big River Steel, LLC

The Eighth Circuit affirmed a lower court decision dismissing a steel company's CAA citizen lawsuit seeking injunctive relief to stop a competitor from constructing or continuing to construct a steel mill. Arkansas's environmental agency already issued the competitor a preconstruction PSD permit. Ne...

United States v. Sawyer

The Sixth Circuit upheld a lower court decision sentencing an individual to 60 months in prison and ordered the individual and his co-defendants, jointly and severally, to pay $10,388,576.71 in restitution to EPA for asbestos NESHAPS violations. The individual and co-defendants formed a salvage comp...

Environment Texas Citizens Lobby v. ExxonMobil Corp.

The Fifth Circuit vacated and remanded a lower court decision that imposed no penalties against an oil company for alleged CAA permit violations at its industrial complex in Baytown, Texas. An environmental group filed a CAA citizen suit against the company, alleging violations that occurred thousan...

Kansas v. Environmental Protection Agency

The D.C. Circuit, in an unpublished opinion, dismissed a petition challenging an EPA computer model that states must use to estimate motor vehicle emissions when developing their strategies to comply with the CAA. Kansas and Nebraska, as well as two nonprofit organizations, alleged that the model is...

United States v. Gunselman

The Fifth Circuit upheld an individual's sentence and conviction for wire fraud, money laundering, and CAA violations for selling false renewable fuel credits. The individual represented to EPA and to fuel companies seeking to purchase renewable fuel credits that he manufactured renewable fuels when...

Sierra Club v. McCarthy

A district court ordered EPA to either promulgate revised emissions standards for the the pulp mill and nutritional yeast manufacturing source categories, or issue a determination that such standards are not required under the CAA. EPA promulgated emissions standards for both of these major source c...

Sierra Club v. Oklahoma Gas & Electric Co.

The Tenth Circuit dismissed an environmental group's citizen suit against an Oklahoma power company for CAA violations at a power plant. The group claimed the company modified a coal-fired boiler without first obtaining an emission-regulating permit as required by the CAA. But because the group file...

Sierra Club de Puerto Rico v. Environmental Protection Agency

The D.C. Circuit dismissed environmental groups' lawsuit seeking to vacate an EPA rule that implements the CAA's new source review (NSR) permitting scheme in nonattainment areas. The groups filed suit after EPA issued an energy company a PSD permit to build a waste incinerator in Arecibo, Puerto Ric...