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California Restaurant Ass'n v. Berkeley, City of
A district court granted in part and denied in part the city of Berkeley's motion to dismiss a challenge to its recently enacted ordinance affecting the availability of natural gas in new construction within the city. A restaurant group argued the ordinance was federally preempted by the Energy Poli...
American Fuel & Petroleum Manufacturers v. Environmental Protection Agency
The D.C. Circuit vacated in part EPA's 2019 rule lifting seasonal restrictions on the sale of higher-ethanol fuel. Petroleum industry groups challenged a specific section of the rule, in which EPA announced a new interpretation of when limits on fuel volatility under §7545(h)(4) of the CAA could be...
State ex rel. Yost v. Volkswagen Aktiengesellschaft
The Ohio Supreme Court affirmed an appellate court ruling in a lawsuit concerning Volkswagen’s efforts to cheat U.S. diesel emissions tests. Ohio sued the company, arguing its post-sale tampering with emissions control systems violated the state’s Air Pollution Control Act (APCA). The company mo...
Vote Solar v. Farmington, City of
The Tenth Circuit reversed dismissal of a lawsuit concerning a New Mexico city's imposition of fees on residents who generate their own electricity via solar panels. The residents and an advocacy group argued the city's fees amounted to price discrimination in violation of FERC rules. The district c...