The court upholds a district court decision ordering the upward adjustment of sentencing for three labor contractors who violated the Clean Air Act (CAA) and the Social Security Act in connection with asbestos abatement projects. The contractors recruited homeless men from a shelter in Tennessee to ...
The court holds that an aluminum manufacturer is not entitled to a share of pollution emissions allowances allocated to an electric power plant under the Clean Air Act (CAA). The manufacturer claimed that it was entitled to an 89% proportionate share of the plant's allowances because its contractual...
The court holds that environmental groups have standing to bring a Clean Air Act (CAA) action against a Texas oil refinery for violating hydrogen and sulfur dioxide emission standards and further holds that a state environmental agency's administrative action against the refinery for the same violat...
The court holds that the U.S. Environmental Protection Agency's (EPA's) regulations implementing Clean Air Act (CAA) amendments properly delegated to Native American nations authority to regulate air quality on all land within reservations, including fee land held by private landowners who are not t...
The court holds that U.S. Environmental Protection Agency (EPA) regulations limiting the content of volatile organic compounds (VOCs) in architectural coatings and paints under the Clean Air Act (CAA) are lawful. The court first holds that nothing in the CAA unambiguously requires EPA to analyze the...
The court upholds the U.S. Environmental Protection Agency's (EPA's) approval of the Nevada Clean Air Act (CAA) state implementation plan (SIP) revision that requires gasoline sold in the wintertime in Clark County, Nevada, which is a serious nonattainment area for carbon monoxide (CO), to contain a...
The court affirms the U.S. Environmental Protection Agency's (EPA's) disapproval of a revision to the Michigan Clean Air Act (CAA) state implementation plan (SIP) that automatically exempts from state review emissions violations resulting from the startup, shutdown, or malfunction (SSM) of the sourc...
The court dismisses a power plants's motion to challenge the U.S. Environmental Protection Agency's (EPA's) determination that a proposed new plant, when combined with an existing plant, would constitute a single source of air emission for permitting purposes under the Clean Air Act (CAA). The plant...
The court holds that individuals lack standing to bring a Clean Air Act (CAA) citizen suit against a petroleum refinery for failing to report certain CAA emissions violations from its catalyst regenerator, but the individuals do have standing to maintain a CAA citizen suit against the refinery for f...
The court holds that the U.S. Environmental Protection Agency (EPA) erroneously classified two stationary gas turbines in an electrical power complex as subject to regulation under the new source performance standards (NSPS) for petroleum refineries. The regulations apply to affected facilities in p...