The Sixth Circuit held that the CAA does not categorically prevent EPA from challenging preconstruction projections of whether and to what extent emissions will increase following new source construction. In March 2013, the appellate court reversed and remanded a district court ruling in favor of an...

A district court upheld EPA’s refusal to determine whether new water quality standards were necessary to control nitrogen and phosphorus pollution in the mainstem of the Mississippi River and the Northern Gulf of Mexico. The case arose after EPA denied environmental groups' petition to make such a...

The Fourth Circuit upheld a district court's ruling that a coal company's NPDES permit did not shield it from liability under the CWA because it did not comply with the terms of the permit. In March 2013, three environmental groups filed an action against a West Virginia coal company, alleging that ...

The Ninth Circuit held that BLM violated NEPA when it approved a proposed molybdenum mining operation near Eureka, Nevada. Environmental groups filed suit against BLM, challenging the agency's analysis of the project's cumulative air impacts and the baseline levels of certain air pollutants, and the...

The D.C. Circuit granted EPA's request to remand the NESHAPs for industrial, commercial, and institutional boilers to the Agency without vacatur so that it can conduct rulemaking to modify them in accordance with the court's earlier ruling. On July 29, 2016, the court granted in part and denied in p...