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Community-in-Power & Development Ass'n v. Pruitt

A district court ordered EPA to promulgate revised CAA emission standards for nine industrial sectors by October 1, 2021. Environmental groups wanted the overdue rulemakings to be completed within two years, while the Agency requested seven years. The court determined that three and a half years was...

Utility Air Regulatory Group v. Environmental Protection Agency

The D.C. Circuit upheld EPA's 2012 regional haze rule, which seeks to restore air quality and visibility in certain national parks and wilderness areas to what they would be under natural conditions. The rule requires states to impose best available retrofit technology (BART) on certain stationary p...

Sierra Club v. Environmental Protection Agency

The D.C. Circuit granted in part and denied in part petitions concerning EPA's NESHAPs for industrial boilers. The first challenge raised by environmental groups concerned regulations that indirectly control a group of organic pollutants by limiting carbon monoxide emissions as a proxy for the targe...

B&R Resources, LLC v. Department of Environmental Protection

A Pennsylvania appellate court reversed and remanded a lower court's decision that the owner of an oil and gas company should be liable for failing to plug 47 abandoned oil and gas wells located in Erie and Crawford Counties. The state environmental agency issued an administrative order requiring th...

American Petroleum Institute v. Environmental Protection Agency

The D.C. Circuit clarified an earlier ruling vacating portions of a 2015 rule that defined when certain hazardous materials were deemed discarded—as opposed to legitimately recycled—and therefore subject to EPA's oversight under RCRA. In 2017, the court upheld some aspects of the rule and vacate...

Sunnyside Gold Corp. v. Environmental Protection Agency

The D.C. Circuit dismissed a mining company's lawsuit challenging EPA's decision to place the entire Bonita Peak Mining District, located in Colorado's Mineral Belt, on the NPL. The mining company owns a mine located in the district, but its mine was not one of the sites scored under the hazard rank...

United States v. Atlantic Richfield Co.

A district court held that residents of the West Calumet Housing Complex in East Chicago cannot intervene in a CERCLA settlement agreement after the agreement was approved. In 2016, residents of the housing complex were told to evacuate the complex because of severe contamination from the USS Lead S...