Gulf Restoration Network v. Jackson
A district court ordered EPA to conduct a necessity determination under CWA §303(c)(4)(B) in response to an environmental group's petition asking the Agency to establish water quality standards to control nitrogen and phosphorous pollution in the mainstem of the Mississippi River and the Northern G...
North Dakota v. United States Environmental Protection Agency
The Eighth Circuit vacated and remanded EPA's best available retrofit technology (BART) determination for a large power plant in North Dakota, but otherwise upheld EPA's partial disapproval of two SIPs submitted by North Dakota to meet the CAA's visibility requirements as well as the Agency's federa...
United States v. Alabama Power Co.
The Eleventh Circuit reversed a lower court decision excluding the testimony of two expert witnesses in the government's case against a power company for making major modifications at three of its coal-fired power plants without obtaining a permit or installing modern pollution control devices. The ...
American Farm Bureau Federation v. United States Environmental Protection Agency
A district court upheld EPA's final TMDL for the Chesapeake Bay against challenges from farmer and home building groups. The TMDL—the largest ever developed by EPA—identifies the necessary pollution reductions of nitrogen, phosphorus, and sediment across Delaware, Maryland, New York, Pennsylvani...
Louisiana Department of Environmental Quality v. United States Environmental Protection Agency
The Fifth Circuit held that it lacked jurisdiction to review petitions challenging EPA's objection to three CAA Title V permits issued by the Louisiana Department of Environmental Quality for a proposed ironmaking facility. The state agency issued three separate Title V permits for the facility, and...