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Association of Irritated Residents v. U.S. Environmental Protection Agency

The Ninth Circuit denied petitions for review challenging EPA's promulgation of 40 C.F.R. §52.245, a regulation that revised the scope of a previous EPA decision, after the Agency determined that it had mistakenly approved certain new source review rules in 2004 as part of California's SIP. EPA iss...

Medical Advocates for Healthy Air v. U.S. Environmental Protection Agency

The Ninth Circuit denied a petition for review challenging EPA's approval of a revision to California's SIP that authorized the San Joaquin Valley air pollution control district to impose fees on mobile sources of pollution—primarily motor vehicles—as an alternative to the fees previously impose...

National Parks Conservation Ass'n v. U.S. Environmental Protection Agency

The Ninth Circuit granted in part and denied in part petitions for review challenging EPA's federal implementation plan to reduce regional haze at two power plants in Montana. The owner and operator of the plants, as well as environmental groups, filed separate petitions for review, and the court ag...

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...