El Comité Para el Bienestar de Earlimart v. U.S. Environmental Protection Agency
The Ninth Circuit denied community groups' petition for review challenging EPA's approval of revisions to California's SIP concerning air emissions from pesticides, known as the "pesticide element." The revisions related to the reduction of volatile organic compounds in the San Joaquin and Ventura a...
In re Lipsky
The Supreme Court of Texas held that courts may consider all relevant circumstantial evidence when granting or denying an expedited motion to dismiss suits that could stifle a defendant's communication on matters of public concern under the Texas Citizens Participation Act (TCPA). The case arose aft...
Delaware Department of Natural Resources v. Environmental Protection Agency
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...
Delta Construction Co. v. Environmental Protection Agency
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...
Shell Offshore, Inc. v. Greenpeace, Inc.
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...
Coalition for Responsible Regulation, Inc. v. Environmental Protection Agency
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...