The court upholds the U.S. Environmental Protection Agency's (EPA's) decision to grant California a Clean Air Act (CAA) §209(b) waiver allowing the state to enforce its own on-board emissions diagnostic device (OBD) regulations, which contain OBD antitampering provisions. The court also upholds EPA...

The court holds that the Federal Energy Regulatory Commission's (FERC's) decision to approve a city's application to amend a hydroelectric power license did not violate the National Environmental Policy Act (NEPA) or the Federal Power Act (FPA). The application proposed the running of a 9.6-mile pow...

The court holds that New York's zero emission vehicle (ZEV) sales requirement for model years 1998-2002 is preempted by Clean Air Act (CAA) §209. The court first holds that the ZEV sales requirement must be considered a standard "relating to the control of emissions" and is, therefore, within the p...

The court remands a district court decision holding a project manager and a construction company liable for violations of the asbestos national emission standards for hazardous air pollutants (NESHAPs) during the demolition of buildings at a development site. The court first holds that the manager a...

The court holds that a state environmental agency's enforcement actions against a petroleum company preclude a citizen suit against the company for Clean Air Act (CAA) violations. The court first holds that CAA §304 does not permit the litigation to proceed. CAA §304 precludes citizen suits where ...

The court denies petitions to review a U.S. Environmental Protection Agency (EPA) rule that conditionally allows foreign gasoline refiners to establish and use individual baselines reflecting their 1990 gasoline fuel property levels, instead of statutory baselines, under the antidumping provision of...

The court denied a petition to review the U.S. Environmental Protection Agency's (EPA's) approval of a revision to Missouri's state implementation plan (SIP) that replaced four area-specific fugitive dust regulations with one, consistent statewide rule. The court first holds that the state environme...

The court holds that an electric utility lacks standing to petition for review a U.S. Environmental Protection Agency (EPA) final rule approving a revision to the new source review program of Pennsylvania's Clean Air Act (CAA) state implementation plan (SIP). The state's new source review program is...

The court holds unlawful U.S. Environmental Protection Agency (EPA) regulations that allow both local approval and federal funding of transportation projects that fail to satisfy the Clean Air Act's (CAA's) state implementation plan (SIP) conformity requirements. The court first holds that the EPA r...

The court holds that a U.S. Environmental Protection Agency (EPA) rule establishing a bifurcated schedule for hazardous waste combustors to comply with strict new emission standards is arbitrary and capricious. The rule, promulgated under the Clean Air Act (CAA) and the Resource Conservation and Rec...