The D.C. Circuit, in light of the U.S. Supreme Court's decision in Utility Air Regulatory Group v. EPA, No. 12-1146, 44 ELR 20132 (2014), amended a prior decision in which it upheld four EPA rulemakings governing greenhouse gases (GHGs). The four rules are: (1) EPA's endangerment finding, in which i...
New York's highest court refused to extend hydraulic fracturing leases entered into between energy companies and landowners. The leases contained a "force majeure" clause, excusing the parties from nonperformance due to events outside their control, as well as "habendum clauses," establishing the pr...
A district court held that coal companies have standing in their CAA lawsuit against EPA for failing to evaluate the potential for job losses stemming from the Agency's CAA regulation and enforcement efforts. The coal companies alleged that EPA's actions have had a coercive effect on the power gener...
The Sixth Circuit denied a cement company's petition to vacate an EPA rule requiring it to add more stringent air pollution controls at one of its portland-cement plants. The Michigan Department of Natural Resources and Environment had previously deemed the plant's pollution controls sufficient and ...
The Third Circuit upheld a lower court decision dismissing, on standing grounds, a doctor's claim challenging the constitutionality of a Pennsylvania law that limits a doctor's ability to obtain information about the mixture of chemical fluids used during hydraulic fracturing when treating patients ...