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...
The D.C. Circuit vacated and remanded an EPA decision denying an oil refinery's request to extend its exemption from the Agency's renewable fuels program. The program requires oil refineries to meet annual obligations concerning the production of renewable fuels. A small refinery located in Newcastl...
The D.C. Circuit denied petitions for review challenging EPA's disapproval of a revision to Kansas' proposed SIP revision for the 2006 fine particulate matter (PM2.5) NAAQS. EPA disapproved the SIP revision because the submission lacked the required technical analysis evaluating whether the projecte...
The D.C. Circuit denied petitions for review of EPA decisions regarding nonattainment designations under the 2008 ozone NAAQS. Several states, counties, industrial entities, and environmental organizations petitioned the court challenging EPA's determination that certain geographic areas are, or are...
The Ninth Circuit held that EPA violated the CAA when it approved California SIPs concerning NAAQS for ozone and fine particulate matter in the San Joaquin Valley. The SIPs relied on state-adopted mobile emissions standards to achieve their emission reduction goals. But the SIPs approved by EPA did ...
The Ninth Circuit denied community groups' petition for review challenging EPA's approval of revisions to California's SIP concerning air emissions from pesticides, known as the "pesticide element." The revisions related to the reduction of volatile organic compounds in the San Joaquin and Ventura a...
The D.C. Circuit reversed and vacated a portion of a January 2013 rule in which EPA revised the NESHAPs and new source performance standards for backup generators. Specifically, the court held that EPA acted arbitrarily and capriciously when it modified the NESHAPs and NSPS to allow backup generator...