The D.C. Circuit vacated EPA's new source review (NSR) rule for Indian country, which established a federal implementation plan (FIP) covering all Indian country nationwide except where EPA had already approved a tribal NSR program or expressly authorized a SIP to be enforced. Because SIPs did not o...
The D.C. Circuit affirmed the dismissal of environmental groups' lawsuit challenging BLM's decision to lease two tracts of land in the Wyoming Powder River Basin for coal mining. The groups argued that BLM failed to adequately consider several environmental concerns, including the increase in local ...
A New York appellate court dismissed New York residents' lawsuit challenging the state's enforcement of the Regional Greenhouse Gas Initiative (RGGI), a carbon dioxide cap-and-trade program that targets emissions from electricity generating power plants in New York and six other states. The resident...
A district court dismissed Native American and environmental groups' CAA citizen suit asking the court to order EPA to issue a final rule that establishes best available retrofit technology (BART) for the Navajo Generating Station, a coal-fired power plant in northern Arizona near the Grand Canyon. ...
The D.C. Circuit dismissed Arizona's objection to a consent decree that established a timeline for EPA to approve a SIP, or promulgate a federal implementation plan (FIP), that would meet the requirements of the Regional Haze Rule. A lower court held that it lacked jurisdiction to hear the objection...
The D.C. Circuit vacated an EPA rule establishing nonconformance penalties (NCPs) for on-highway, heavy-duty diesel engines. NCPs are intended to protect "technological laggards" by allowing them to pay a penalty for engines temporarily unable to meet new or revised emission standards. EPA establish...
The D.C. Circuit remanded for reconsideration EPA's revisions to the secondary, welfare-based NAAQS for ozone, but denied petitions challenging revisions to the primary, health-based ozone NAAQS. Primary standards set limits to protect public health, including the health of "sensitive" populations s...