Marcellus Shale Coalition v. Department of Environmental Protection
Pennsylvania's highest court largely upheld a temporary injunction enjoining the state environmental agency from enforcing certain regulations governing unconventional oil and gas operations. The court reversed the lower court's issuance of the injunction on just two issues. Contrary to the ruling o...
New York v. Pruitt
A district court ordered EPA to issue federal implementation plans fully resolving interstate transport obligations under the CAA's "good neighbor" provision for the 2008 ozone NAAQS. EPA conceded that it missed the deadline to do so under the Act. The Agency also acknowledged that it was feasible t...
Wyoming v. United States Bureau of Land Management
The Tenth Circuit refused to stay pending interlocutory appeal a lower court order staying BLM's waste prevention rule, which was issued to reduce the venting, flaring, and leaking of natural gas emissions during oil and gas production activities on onshore federal land. California, New Mexico, and ...
National Environmental Development Ass'n's Clean Air Project v. Environmental Protection Agency
The D.C. Circuit upheld amendments EPA made to its CAA regional consistency regulations that allow regional offices to act counter to national policies when ordered to do so by federal circuit courts. EPA issued the amended regulations in 2016 in response to the D.C. Circuit's decision in National E...
Gorsline v. Board of Supervisors of Fairfield Township
Pennsylvania's highest court reversed a lower court decision that would have allowed a company to drill, construct, develop, and operate unconventional natural gas wells as a conditional use in a district zoned for residential and agricultural uses. The lower court held that the proposed gas well wa...