Arizona v. U.S. Environmental Protection Agency
The Ninth Circuit held that EPA did not act arbitrarily and capriciously when it disapproved in part Arizona's regional haze SIP and issued a replacement federal implementation plan (FIP) in place of the disapproved SIP elements. First, EPA did not act arbitrarily and capriciously when it disapprove...
Northwest Environmental Defense Center v. Cascade Kelly Holdings LLC
A district court dismissed environmental groups' CAA citizen suit against a crude oil transloading facility for constructing and operating the facility without a prevention of significant deterioration (PSD) permit. The groups allege that the facility is required to have a PSD permit because it has ...
Dalton Trucking, Inc. v. United States Environmental Protection Agency
The D.C. Circuit dismissed petitions challenging EPA's authorization of California regulations intended to reduce emissions of particulate matter and oxides of nitrogen from in-use nonroad diesel engines, ruling that venue was improper. A trucking company filed a petition for review of EPA's nonroad...
McCarthy
The Fourth Circuit granted EPA's petition for a writ of mandamus to preclude an energy company from deposing EPA Administrator Gina McCarthy in a lawsuit seeking to compel EPA to evaluate the CAA's impacts on jobs under §321(a). High-ranking government officials may not be deposed or called to test...
Environmental Integrity Project v. United States Environmental Protection Agency
A district court dismissed environmental groups' CAA citizen suit against EPA for failing to respond to their 2011 petition concerning ammonia gas pollution. In 2011, the groups petitioned EPA asking it to find that ammonia gas pollution endangers the public health and welfare, designate ammonia as ...