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Clean Air Council v. Mallory

The court holds that the Secretary of the Pennsylvania Department of Transportation and the Secretary of the Pennsylvania Department of Environmental Protection violated the Clean Air Act (CAA) by failing to implement state implementation plan (SIP)-required emission standards for the state's enhanc...

Citizens for Pa.'s Future v. Mallory

The court grants an environmental group's motion for partial summary judgment against Pennsylvania officials for failing to implement the state-enhanced vehicle inspection and maintenance (I/M) program in 16 counties by November 15, 1999, as required by the Pennsylvania state implementation plan (SI...

Arizona v. EPA

The court upholds the U.S. Environmental Protection Agency's (EPA's) redesignation of five parcels of tribal land as a nonfederal Class I area under the Clean Air Act (CAA) prevention of significant deterioration (PSD) program. The court first holds that Arizona's chamber of commerce lacks standing ...

Clean Air Implementation Project v. EPA

The court holds that trade associations' action for judicial review of a U.S. Environmental Protection Agency (EPA) rule permitting the use of "any credible evidence" to prove or disprove Clean Air Act (CAA) violations is not ripe for review. The heart of the associations' argument is that the credi...

California v. United States

The court holds that under the Clean Air Act (CAA), federal entities cannot remove to federal court state and local government actions to enforce air quality laws. A California air quality management district brought a suit against the United States in state court seeking civil penalties for a U.S. ...

Davis County Solid Waste Mgmt. & Energy Recovery Special Serv. Dist. v. EPA

The court remands a municipality's request for litigation costs relating to its successful challenge of a U.S. Environmental Protection Agency (EPA) Clean Air Act (CAA) rule establishing new source performance standards for the combustion of municipal solid waste. The court first holds that the muni...

Polar Bear Endangered Species Act Listing

A district court held that the FWS violated NEPA, but not the ESA, when it issued a special rule that specifies the protective mechanisms that apply to the polar bear as a result of its threatened status. In May 2008, the FWS listed the polar bear as threatened under the ESA. The Service then issued...

United States v. EME Homer City Generation L.P.

A district court dismissed the U.S. government's lawsuit against the current and former owners of a coal-fired power plant in Indiana County, Pennsylvania, for alleged CAA violations. The government alleged that the former owners undertook construction projects at the plant without having obtain...

In re Methyl Tertiary Butyl Ether Prods. Liab. Litig.

The court denies most of oil companies' motions to dismiss in a class action suit brought by individual well owners claiming that the companies knowingly caused methyl tertiary butyl ether (MTBE) contamination of their groundwater. The court first holds that the claims of several of the class partic...

LaFleur v. Whitman

The court denies a petition for review seeking reversal of the U.S. Environmental Protection Agency (EPA) Administrator's decision not to object to a state agency's determination that the heightened permitting requirements of the prevention of significant deterioration (PSD) program do not apply to ...