The Ninth Circuit vacated and remanded DOE's energy transmission congestion study and national interest electric transmission (NIET) corridor designations prepared under the Energy Policy Act of 2005 (EPAct). The EPAct added §216 to the Federal Power Act, requiring DOE to prepare the conges...

The Third Circuit dismissed a petition for review of an EPA letter opining that facilities operated by a landfill and a neighboring energy company were under common control for purposes of air emissions permitting. The landfill owner challenged EPA's determination under CAA §307(b)(1), whic...

The Ninth Circuit held that the CAA does not preempt a California air pollution district rule requiring development sites to reduce the amount of pollutants they emit. CAA §209(e)(1) only preempts those standards or requirements relating to the control of emissions from "new" construction e...

The Fifth Circuit held that an energy company's current and ongoing construction of a coal-fired power plant, for which no maximum achievable control technology (MACT) determination has ever been made, violates CAA §112(g). In ordinary circumstances, there would be no question as to whether...