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Northern Laramie Range Alliance v. Federal Energy Regulatory Commission
The Tenth Circuit held that landowners lacked standing to challenge two wind energy projects in Wyoming. FERC certified the projects under the Public Utilities Regulatory Policies Act, which seeks to promote renewable energy sources by requiring utilities to buy power from small facilities that meet...
Daimler Trucks North America LLC v. Environmental Protection Agency
The D.C. Circuit dismissed as moot truck engine manufacturers' lawsuit challenging four certificates of conformity EPA issued to another engine manufacturer pursuant to an interim final rule that allowed certificates to be issued to 2012 and 2013 model-year engines even if the engines fail to confor...
Sierra Club v. United States Environmental Protection Agency
A district court denied industry groups' motion to intervene in a CAA citizen suit concerning EPA's alleged failure to review the ozone NAAQS in a timely manner. The underlying lawsuit concerns whether EPA has failed to perform a mandatory duty to review the ozone air quality standards, and whether ...
Sierra Club v. Moser
The Supreme Court of Kansas reversed and remanded the Kansas Department of Health and Environment's decision to issue a prevention of significant deterioration (PSD) permit to a power company to construct an 895-megawatt coal-fired power plant. An environmental group filed suit against the state age...
Minard Run Oil Co. v. United States Forest Service
The Third Circuit affirmed a lower court decision vacating a 2009 settlement agreement between the U.S. Forest Service and environmental groups that banned oil and gas drilling in the Allegheny National Forest pending the completion of a multi-year, forestwide EIS under NEPA. The lower court had pre...
North Dakota v. United States Environmental Protection Agency
The Eighth Circuit vacated and remanded EPA's best available retrofit technology (BART) determination for a large power plant in North Dakota, but otherwise upheld EPA's partial disapproval of two SIPs submitted by North Dakota to meet the CAA's visibility requirements as well as the Agency's federa...
United States v. Alabama Power Co.
The Eleventh Circuit reversed a lower court decision excluding the testimony of two expert witnesses in the government's case against a power company for making major modifications at three of its coal-fired power plants without obtaining a permit or installing modern pollution control devices. The ...