The Eighth Circuit affirmed in part and reversed in part a district court ruling in an ongoing enforcement suit concerning air pollution at a utility company's coal-fired power plant in Missouri. EPA argued the company violated the CAA, Missouri's SIP, and its Title V permit by performing modificati...
The D.C. Circuit granted in part petitions to review the Federal Communications Commission's (FCC's) order regarding the adequacy of the Commission's guidelines for exposure to radiofrequency (RF) radiation. Environmental groups argued the FCC violated the APA by failing to acknowledge evidence of n...
A district court denied nonprofit groups' motion for summary judgment in a challenge to BLM's decision authorizing a power company to construct a portion of an electrical transmission line across roughly 100 miles of federal land. The groups argued BLM violated NEPA by failing to supplement the fina...
A district court granted summary judgment for an environmental group in a challenge to EPA's regulations for oil spill dispersants. The group argued that EPA violated the CWA by failing to issue a final rule updating the NCP for addressing oil spills in light of new information showing the chemicals...
The Ninth Circuit affirmed summary judgment for the Army Corps of Engineers in a challenge to the Corps' proposed plans for dredging the San Francisco Bay's navigation channels. The San Francisco Bay Conservation and Development Commission argued the Corps' refusal to comply with its conditions abou...
The Ninth Circuit affirmed dismissal of a lawsuit concerning guidance issued by EPA recommending a statistical method for assessing water toxicity. Trade groups argued the Agency violated the APA and the CWA in issuing the guidance. A district court found that the guidance was not final agency actio...
The Fifth Circuit affirmed in part and reversed in part district court rulings in a collection of lawsuits concerning oil companies' decades of drilling activities along the Louisiana coast. Six Louisiana parishes filed suit in state court, arguing the companies violated the Louisiana State and Loca...
The D.C. Circuit granted in part and denied in part a challenge to FERC's orders addressing complaints over the results of a 2015 auction for electrical capacity in Illinois. A public interest group had complained the auction had resulted in electricity rates that were unjust and unreasonable, that ...
A Minnesota appellate court remanded a challenge to the Minnesota Pollution Control Agency's (MPCA's) grant of an air emissions permit for a proposed copper-nickel mine in northern Minnesota. Environmental groups argued the MPCA improperly issued the permit because the company receiving it did not i...
A district court granted EPA's motion to remand without vacatur the Clean Water Act Section 401 Certification Rule., full_html...