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...
A district court dismissed a motion to dismiss environmental groups' citizen suit against five coal companies alleging thousands of violations of the CWA and SMCRA in West Virginia. Because EPA entered into a consent decree with the companies, the defendants argued that the groups' CWA claim...
The Ninth Circuit held that EPA’s decision to transfer authority over portions of the NPDES program to the state of Alaska was not arbitrary or capricious. Petitioners argued that EPA did not adequately ensure that Alaska state law will provide the same opportunities for judicial review of permitt...
The D.C. Circuit denied medical waste trade associations' petition for review challenging EPA's performance standards for new and existing hospital/medical/infectious waste incinerators (HMIWI). The associations argued that the data set EPA used to establish the standards was flawed. But EPA's ...
The Seventh Circuit denied environmental groups' petitions challenging EPA's approval of revisions to Wisconsin's new source review program. In 2002, EPA changed the rules that determine when polluters need permits in order to modify existing facilities—and, if they need permits, what restrictions...
The Ninth Circuit held that the CAA does not preempt a local air district's adoption and enforcement of rules regulating air emissions from diesel-powered engines. CAA §209(e) expressly prohibits states from setting "standards or other requirements relating to the control of emissions" from no...
The Tenth Circuit upheld the dismissal of an environmental group's CAA citizen suit against a power company alleging that it was attempting to build a coal-fired power plant with an invalid PSD permit. The permit provided that if construction did not commence by May 29, 2005, or if construction...
The Ninth Circuit, in an amended opinion, held that stormwater runoff from logging roads that is collected by and then discharged from a system of ditches, culverts, and channels is a point source discharge for which an NPDES permit is required. Accordingly, the court reversed a lower court dec...