The Fifth Circuit granted in part and denied in part states' challenges to EPA's disapprovals of SIPs developed in response to the Agency's 2015 decision calling for SIPs to achieve a new ozone NAAQS. Texas, Louisiana, and Mississippi argued EPA's disapprovals of their SIPs were arbitrary and capric...

Tribal groups argued NMFS violated NEPA in adopting the harvest specifications because they relied on outdated EISs despite dramatic changes to the ecosystem that necessitated an updated environmental analysis. The court found the specifications were not arbitrary and capricious because NMFS conclud...

The Tenth Circuit denied environmental groups' petition to review an EPA rule that partially approved Colorado's SIP to reduce ozone pollution. The groups sought vacatur of the approval, arguing the Agency violated the CAA by approving the reasonable further progress and motor vehicle emissions budg...

A district court granted the Army Corps of Engineers' motion to dismiss a developer's challenge to the Corps' 2012 jurisdictional determination over certain wetlands in Virginia. The developer challenged the Corps' significant nexus finding between the wetlands and the Northwest River, arguing the s...

A district court granted in part environmental groups' motion for summary judgment in a CAA citizen suit concerning EPA's duty to update emissions standards for hazardous waste combustors. The groups sought declaratory judgment stating that EPA failed to comply with its obligations and injunctive re...

The Fifth Circuit granted EPA's motion to vacate its disapprovals of portions of regional haze SIPs submitted by Texas and Oklahoma and the issuance of federal implementation plans (FIPs) establishing a long-term strategy and/or reasonable progress goals for the states. EPA argued that because key d...

The Sixth Circuit vacated EPA's 2023 disapproval of a SIP proposed by Kentucky to comply with Agency changes to ozone NAAQS. Kentucky challenged the disapproval, which rested on different modeling that came out after the Agency's deadline for submitting the plan and on a lower threshold than the one...

In a per curiam opinion, a divided en banc Fifth Circuit affirmed a district court's civil penalty award of $14.25 million against an oil company in a long-running dispute concerning alleged CAA permit violations at an industrial complex in Baytown, Texas. Environmental groups had filed a CAA citize...

A district court denied industry groups' motion for summary judgment in a challenge to California's adoption of an emissions regulation for railroads operating within the state. The groups argued that the regulation, which would require companies to phase out locomotives that are more than 23 years ...

A district court granted five states' motion to preliminarily enjoin BLM from implementing its 2024 rule that requires oil and gas operators to flare rather than vent excess methane gas to prevent waste and conserve resources. North Dakota, Montana, Texas, Wyoming, and Utah argued the rule exceeded ...