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In re Murray Energy Corp.
The D.C. Circuit dismissed petitions for review challenging EPA's anticipated rule restricting carbon dioxide (CO2) emissions from existing power plants. On June 18, 2014, EPA proposed a rule to restrict CO2 emissions from existing coal-fired and natural gas-fired power plants. The comment period ha...
Solvay USA Inc. v. Environmental Protection Agency
The D.C. Circuit denied several petitions for review challenging aspects of an EPA rule that provides procedures for classifying non-hazardous secondary materials as RCRA "solid waste" for the purpose of CAA emission standards for incinerators and other combustion units. The rule classifies secondar...
Hermes Consolidated, LLC v. Environmental Protection Agency
The D.C. Circuit vacated and remanded an EPA decision denying an oil refinery's request to extend its exemption from the Agency's renewable fuels program. The program requires oil refineries to meet annual obligations concerning the production of renewable fuels. A small refinery located in Newcastl...
Westar Energy, Inc. v. Environmental Protection Agency
The D.C. Circuit denied petitions for review challenging EPA's disapproval of a revision to Kansas' proposed SIP revision for the 2006 fine particulate matter (PM2.5) NAAQS. EPA disapproved the SIP revision because the submission lacked the required technical analysis evaluating whether the projecte...
Mississippi Commission on Environmental Quality v. Environmental Protection Agency
The D.C. Circuit denied petitions for review of EPA decisions regarding nonattainment designations under the 2008 ozone NAAQS. Several states, counties, industrial entities, and environmental organizations petitioned the court challenging EPA's determination that certain geographic areas are, or are...
Barnstable v. O'Connor
The First Circuit reversed a lower court decision dismissing a lawsuit concerning a proposed offshore wind power generation facility in Nantucket Sound. Opponents of the facility—a town, an advocacy group, and several individuals and businesses in the area—sought to nullify the state's approval ...
Committee for a Better Arvin v. U.S. Environmental Protection Agency
The Ninth Circuit held that EPA violated the CAA when it approved California SIPs concerning NAAQS for ozone and fine particulate matter in the San Joaquin Valley. The SIPs relied on state-adopted mobile emissions standards to achieve their emission reduction goals. But the SIPs approved by EPA did ...