EQT Production Co. v. Department of Environmental Protection
The Pennsylvania Supreme Court held that a natural gas company charged with violating the state's Clean Streams Law may seek preenforcement judicial review of the state environmental agency's interpretation of the statute's penalty provisions. The agency, which has assessed ongoing, multimillion dol...
Askins v. Ohio Department of Agriculture
The Sixth Circuit dismissed individuals' CWA citizen suit against the Ohio Department of Agriculture (ODA) for issuing NPDES permits for animal feeding operations without first obtaining approval from EPA. States must notify EPA if they intend to transfer authority over part of the EPA-approved stat...
Northwest Environmental Defense Center v. Cascade Kelly Holdings LLC
A district court dismissed environmental groups' CAA citizen suit against a crude oil transloading facility for constructing and operating the facility without a prevention of significant deterioration (PSD) permit. The groups allege that the facility is required to have a PSD permit because it has ...
Dalton Trucking, Inc. v. United States Environmental Protection Agency
The D.C. Circuit dismissed petitions challenging EPA's authorization of California regulations intended to reduce emissions of particulate matter and oxides of nitrogen from in-use nonroad diesel engines, ruling that venue was improper. A trucking company filed a petition for review of EPA's nonroad...
McCarthy
The Fourth Circuit granted EPA's petition for a writ of mandamus to preclude an energy company from deposing EPA Administrator Gina McCarthy in a lawsuit seeking to compel EPA to evaluate the CAA's impacts on jobs under §321(a). High-ranking government officials may not be deposed or called to test...