The court holds that a state's failure to seek rehearing of the Federal Energy Regulatory Commission's (FERC's) order on remand in a case involving a hydroelectric power license application deprives the court of jurisdiction. After denying the state's initial motions for rehearing, FERC filed an uno...

The court holds that the U.S. Department of Transportation's (DOT's) approval of a 12-lane bridge to replace an existing 6-lane bridge in Alexandria, Virginia, violated the Clean Air Act (CAA), the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and the Depar...

The court holds that the U.S. Environmental Protection Agency's (EPA's) Acid Deposition Standard Feasibility Study Report to Congress complied with the Clean Air Act's (CAA's) mandate that it include a description of the nature and numerical value of deposition standards that would be sufficient to ...

The court holds that an automobile manufacturers association is entitled to attorney fees in connection with an underlying action in which New York's zero emission vehicle sales requirement for model years 1998-2002 was held preempted under Clean Air Act (CAA) §209. The court first holds that the a...

The court holds that it has subject matter jurisdiction over an environmental group's Clean Air Act (CAA) citizen suit that alleged emission and reporting violations at a refinery. The court first holds that under CAA §304, the group provided the refinery with adequate notice of the violation befor...

The court denies in part and grants in part the U.S. Environmental Protection Agency's (EPA's) petition for rehearing of a decision holding that EPA's revised national ambient air quality standards (NAAQS) for ozone were not based on intelligible principles in the Clean Air Act (CAA) for setting suc...

The court upholds two Nuclear Regulatory Commission (NRC) orders that refused on standing grounds a radioactive waste disposal facility's request for hearing and intervention in the licensing proceedings of two competitor disposal facilities. The court first holds that the NRC correctly stated that ...

The court grants automakers' motion to stay their challenge to Massachusetts' zero emission vehicle standards pending the automakers' appeal of a U.S. Environmental Protection Agency (EPA) ruling in the Court of Appeals for the D.C. Circuit. In an earlier decision, in which the automakers claim that...

The court holds that the U.S. Environmental Protection Agency (EPA) did not exceed its discretion under §111 of the Clean Air Act (CAA) in promulgating new source performance standards (NSPS) for nitrogen oxide (NOx) emissions from utility and industrial boilers. The court, therefore, denies an ene...

The court largely upholds a U.S. Environmental Protection Agency (EPA) rule mandating that 22 states and the District of Columbia revise their state implementation plans (SIPs) to mitigate ozone transport by reducing nitrogen oxides (NOx) through the use of cost-effective controls. The court first h...