The Ninth Circuit affirmed the dismissal of oil and trucking industry groups' challenge to Oregon's Clean Fuels Program, which regulates production and sale of transportation fuels based on greenhouse gas emissions. The groups argued that the program violated the dormant Commerce Clause by facially ...

The Ninth Circuit denied an environmental group's petition to review EPA's approval of a Montana SIP revision. The group argued that the approval was arbitrary and capricious because Montana's Department of Environmental Quality interpreted one of the SIP's provisions less stringently than the CAA a...

The D.C. Circuit granted in part environmental groups' petition challenging EPA's 2015 rule governing the disposal of coal combustion residuals (CCRs) produced by electric utilities and independent power plants. The groups argued that the rule unlawfully disregarded significant risks of harmful leak...

The D.C. Circuit vacated EPA's rule delaying the 2017 Chemical Disaster Rule, which established safety standards for chemical facilities. The Agency argued that it had authority under CAA §112 to delay the effective date of the Rule beyond the ninety-day limit set forth in CAA §307 because ninety ...

A district court granted in part an environmental group's motion for summary judgment to compel EPA to act on its 2016 Plan for the 2008 eight-hour ozone NAAQS adopted by the San Joaquin Valley Air Pollution Control District and granted in part the Agency's motion requesting an extension on the dead...

The D.C. Circuit denied environmental groups' petition to review a 2016 rule that EPA uses to determine whether an event caused by recurring activity is "exceptional" and thus exempt from a state's emissions report. The groups argued that EPA misread the definition of "natural event" under the excep...