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North Dakota v. United States Department of Interior
A district court granted five states' motion to preliminarily enjoin BLM from implementing its 2024 rule that requires oil and gas operators to flare rather than vent excess methane gas to prevent waste and conserve resources. North Dakota, Montana, Texas, Wyoming, and Utah argued the rule exceeded ...
United States Sugar Corp. v. Environmental Protection Agency
In a per curiam opinion, the D.C. Circuit granted industry groups' petitions and denied environmental groups' petition to review EPA's application of a 2022 rule that classified industrial boilers built after 2010 as "new" rather than "existing" sources of hazardous air pollutants. The industry grou...
Schaffner v. Monsanto Corp.
The Third Circuit reversed a ruling that held FIFRA did not preempt state-law tort duties to include a cancer warning on a weedkiller label. A landscaper had argued the agrochemicals company that produces the weedkiller violated Pennsylvania law by omitting the cancer warning from its label. The app...
Sinclair Wyoming Refining Co. LLC v. Environmental Protection Agency
In a per curiam opinion, the D.C. Circuit dismissed in part and denied in part challenges to EPA's 2022 denial of pending Renewable Fuel Standard (RFS) exemption petitions filed by small refineries. EPA had determined the only costs relevant to showing economic hardship were those caused by complian...
Huntsman Petrochemical LLC v. Environmental Protection Agency
The D.C. Circuit denied a chemical manufacturer's and two trade groups' petitions to review EPA's 2020 rule regulating emissions from miscellaneous organic chemical manufacturing facilities. The petitioners challenged EPA's assessment of cancer risk from exposure to ethylene oxide emissions. The cou...
Xerces Society for Invertebrate Conservation v. Shea
A district court granted summary judgment for conservation groups in a challenge to the Animal and Plant Health Inspection Service's (APHIS') recent update to a program concerning the use of pesticides to suppress grasshopper and cricket outbreaks. The groups argued APHIS' 2019 EIS and five state-le...
Chemours Co. FC, LLC v. United States Environmental Protection Agency
The Third Circuit dismissed for lack of jurisdiction a chemical company's petition to review EPA's health advisory for HFPO-DA, a chemical found in drinking water. The company argued the advisory violated both the procedural and substantive requirements of the APA and the nondelegation doctrine. The...