Robinson Township v. Commonwealth
A Pennsylvania appellate court partially struck down Act 13, which pertains to oil and gas operations in the Marcellus Shale, as unconstitutional. The Act repealed Pennsylvania’s Oil and Gas Act and replaced it with a codified statutory framework regulating oil and gas operations in the Commonweal...
American Petroleum Institute v. Environmental Protection Agency
The D.C. Circuit denied petitions challenging EPA's one-hour primary NAAQS for nitrogen dioxide (NOx). The new one-hour primary NAAQS requires that “the three-year average of the annual 98th percentile of the daily maximum one-hour average concentration be less than or equal to 100 parts per billi...
National Chicken Council v. Environmental Protection Agency
The D.C. Circuit dismissed a petition challenging an EPA rule issued under the Energy Independence and Security Act of 2007 (EISA) concerning ethanol fuel. The EISA directed EPA to promulgate regulations ensuring that transportation fuel sold in the United States contains certain minimum levels of r...
National Environmental Development Ass'n Clean Air Project v. Environmental Protection Agency
The D.C. Circuit dismissed petitions challenging EPA's primary NAAQS for sulfur dioxide (SO2). The petitioners—several states, state regulatory agencies, corporations, and industrial associations—argued that EPA failed to follow the APA's notice-and-comment rulemaking procedures because it did n...