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...
The D.C. Circuit dismissed petitions challenging EPA's and the National Highway Traffic Safety Administration's (NHTSA's) coordinated rules governing the greenhouse gas emissions and fuel economy of cars and trucks. One group of petitioners—businesses, associations, and individuals located in Cali...
A district court granted an oil company's motion for a temporary restraining order barring environmental activists from entering a 1,000 meter "safety zone" around three drilling vessels in the U.S. exclusive economic zone. The company alleged that Greenpeace USA is acting in concert with Greenpeace...
The D.C. Circuit, in light of the U.S. Supreme Court's decision in Utility Air Regulatory Group v. EPA, No. 12-1146, 44 ELR 20132 (2014), amended a prior decision in which it upheld four EPA rulemakings governing greenhouse gases (GHGs). The four rules are: (1) EPA's endangerment finding, in which i...
New York's highest court refused to extend hydraulic fracturing leases entered into between energy companies and landowners. The leases contained a "force majeure" clause, excusing the parties from nonperformance due to events outside their control, as well as "habendum clauses," establishing the pr...
A district court held that coal companies have standing in their CAA lawsuit against EPA for failing to evaluate the potential for job losses stemming from the Agency's CAA regulation and enforcement efforts. The coal companies alleged that EPA's actions have had a coercive effect on the power gener...
The Sixth Circuit denied a cement company's petition to vacate an EPA rule requiring it to add more stringent air pollution controls at one of its portland-cement plants. The Michigan Department of Natural Resources and Environment had previously deemed the plant's pollution controls sufficient and ...