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Natural Resources Defense Council v. EPA

The D.C. Circuit denied an environmental group's petition for review of U.S. Environmental Protection Agency (EPA) air quality regulations governing the exclusion of emissions data from state reporting requirements during exceptional events such as natural disasters. The rule allows states to list s...

National Parks Conservation Ass'n v. Tennessee Valley Auth.

A district court held that environmental groups' citizen suit against the Tennessee Valley Authority (TVA) for violating the Clean Air Act, the Tennessee state implementation plan, and related regulations in conjunction with its operation of coal-fired power plant in Bull Run, Tennessee, must procee...

National Parks Conservation Ass'n, Inc. v. Tennessee Valley Auth.

A district court entered judgment for the Tennessee Valley Authority (TVA) with respect to environmental groups’ claims that the TVA violated the CAA and the Tennessee SIP in its operation of a fossil fuel-fired electricity generating facility. The groups argued that two projects, the economiz...

Great Basin Mine Watch v. EPA

The Ninth Circuit held that the U.S. Environmental Protection Agency (EPA) did not act arbitrarily, capriciously, or contrary to law when it granted Nevada's request to split one of its clean air areas into two. Contrary to an environmental group's claim, the presence and operation of a mine in the ...

New York v. EPA

The court remanded portions of a 2002 U.S. Environmental Protection Agency (EPA) rule interpreting when a major stationary source undertakes a "modification," thereby triggering the Clean Air Act's new source review (NSR) requirements. EPA erred in promulgating the clean unit applicability test, whi...

Sierra Club v. Tennessee Valley Auth.

The court affirms a district court's grant of summary judgment to the Tennessee Valley Authority (TVA) on environmental groups' request for civil penalties and on its claim as to violations of the Clean Air Act's (CAA's) 20% opacity limitation occurring before May 20, 1999, but it reversed summary j...

Knox v. Department of Labor

The court reverses the dismissal of an individual's complaint against his employer under the Clean Air Act's (CAA's) whistleblower provision. The U.S. Department of Labor's Administrative Review Board (ARB) dismissed the complaint reasoning that the individual did not engage in a protected activity ...

Benzman v. Whitman

A court partially grants the U.S. Environmental Protection Agency's (EPA's) and individuals' motions to dismiss a class action suit stemming from plaintiffs' exposure to hazardous substances in the interior of their residences, schools, and workplaces as a result of the dust and debris released from...

Environmental Defense v. Duke Energy Corp.

The Court reversed the Fourth Circuit's grant of summary judgment in favor of a coal-fired power plant operator charged with violating the Clean Air Act's (CAA's) prevention of significant deterioration (PSD) regulations. The CAA's PSD and new source performance standards (NSPS) provisions both cove...

Lombardi v. Whitman

The Second Circuit upheld the dismissal of rescue, search, and cleanup workers' substantive due process complaint against federal officials for knowingly issuing false statements about air quality safety in the aftermath of the September 11, 2001, terrorist attacks of the World Trade Center. The wor...