The Third Circuit granted a petition to review EPA's approval of Pennsylvania's proposed NAAQS for ozone. An environmental group argued the standards wrongly claimed to reduce pollution output at the state's most advanced coal-burning power plants while "simply rubberstamping an average of current p...

The Washington Supreme Court upheld the Department of Ecology's rule that set a summertime minimum instream-flow rate for the Spokane River at 850 cubic feet per second (cfs). Environmental groups challenged the validity of the flow rate, arguing that setting minimum flows at 850 cfs exceeded the De...

The D.C. Circuit denied in part and dismissed in part a petition to review EPA's guidance concerning the process of certifying cellulosic biofuel. A biofuel company argued the guidance was a legislative rule that was invalidly promulgated without notice and comment, conflicted with the regulation it...