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Whiteman v. Chesapeake Appalachia, L.L.C.
The Fourth Circuit affirmed a lower court decision dismissing farmer's West Virginia common law trespass claims against a natural gas company. The landowners sought an injunction and damages stemming from on the company's drilling and operation of three natural gas wells on surface property owned by...
Entergy Nuclear Vermont Yankee LLC v. Shumlin
The Second Circuit upheld a lower court's permanent injunction barring the state of Vermont from bringing an enforcement action, or taking other action, to compel the Vermont Yankee nuclear power plant to shut down after its license expires on March 21, 2012, if it fails to obtain legislative approv...
Alaska Wilderness League v. United States Environmental Protection Agency
The Ninth Circuit upheld the dismissal of an environmental group's challenge to a CAA permit that allows an oil company to conduct "pollutant emitting activities" associated with a drilling vessel in the Beaufort Sea off Alaska's North Slope. CAA §504(e) is ambiguous as to whether "increment" requi...
United States v. EME Homer City Generation, L.P.
The Third Circuit affirmed a lower court decision dismissing the U.S. government's lawsuit against the current and former owners of a coal-fired power plant in Indiana County, Pennsylvania, for alleged CAA violations that took place 15-20 years earlier. The government alleged that the former owners ...
Bell v. Cheswick Generating Station
The Third Circuit held that the CAA does not preempt state law tort claims brought by private property owners against a source of pollution located within the state. The case arose after a group of 1,500 residents who live within one mile of a coal-fired power plant filed suit against the facility u...
La Cuna de Aztlan Sacred Sites Protection Circle Advisory Committee v. United States Department of Interior
A district court dismissed groups' lawsuit challenging BLM's approval of a 370-megawatt utility-scale solar power plant currently under construction in the Mojave Desert. BLM's decision to consider cumulative impacts within a single EIS was not arbitrary, capricious, an abuse of discretion, or other...
National Ass'n of Clean Water Agencies v. Environmental Protection Agency
The D.C. Circuit remanded EPA's "maximum achievable control technology" (MACT) standards for sewage sludge incinerators under CAA §129. The court upheld EPA's authority to regulate sewage sludge incinerators under §129, deferring to the Agency's interpretation of "solid waste incineration unit" as...
Doe Run Resources Corp. v. Environmental Protection Agency
The D.C. Circuit denied petitions challenging EPA's revised NESHAPs for primary lead processing operations. Despite petitioners' argument to the contrary, EPA's use of the lead NAAQS as a benchmark in setting a NESHAP for lead compounds does not violate the CAA's prohibition on regulating elemental ...