Sierra Club v. United States Environmental Protection Agency
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...
Avandgrid Networks, Inc. v. Secretary of State
The Maine Supreme Court held unconstitutional a state ballot initiative that proposed to reverse a Maine Public Utilities Commission order granting a certificate of public convenience and necessity for a 145-mile transmission line in New England. A power company argued the initiative violated the Ma...
POET Biorefining, LLC v. Environmental Protection Agency
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...