The D.C. Circuit dismissed Arizona's objection to a consent decree that established a timeline for EPA to approve a SIP, or promulgate a federal implementation plan (FIP), that would meet the requirements of the Regional Haze Rule. A lower court held that it lacked jurisdiction to hear the objection...

The D.C. Circuit vacated an EPA rule establishing nonconformance penalties (NCPs) for on-highway, heavy-duty diesel engines. NCPs are intended to protect "technological laggards" by allowing them to pay a penalty for engines temporarily unable to meet new or revised emission standards. EPA establish...

The D.C. Circuit remanded for reconsideration EPA's revisions to the secondary, welfare-based NAAQS for ozone, but denied petitions challenging revisions to the primary, health-based ozone NAAQS. Primary standards set limits to protect public health, including the health of "sensitive" populations s...

The D.C. Circuit vacated a FERC decision allowing a power company to use a regional transmission organization's (RTO's) transmission lines in order to join another RTO network. The two RTOs involved in this case had entered a joint operating agreement that allowed both RTOs to use the other's transm...

The Michigan Court of Appeals, in an unpublished opinion, upheld the state environmental agency's decision to issue two permits authorizing modifications at a coal-fired power plant. The plant is located in a county that violates the NAAQS for particulate matter less than 2.5 microns (PM2.5). An env...