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 ...
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...
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...
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 ...
The D.C. Circuit denied states' and industry groups' petitions challenging EPA rules establishing CAA permitting requirements in states that do not have implementation plans for greenhouse gases. The rules were designed to ensure that a permitting authority was available to issue the required greenh...
The Third Circuit upheld an EPA rule imposing sulfur dioxide (S02) limits on a coal-fired power plant in Pennsylvania whose emissions travel directly across a river into areas of New Jersey. The owner of the plant challenged EPA's authority to impose direct regulations on the plant before the time t...
The Tenth Circuit upheld an EPA rule in which it rejected Oklahoma's regional haze plan to limit sulfur dioxide emissions at electric utility power plants and replaced it with its own more stringent regulations via a federal implementation plan (FIP). Petitioners—the state of Oklahoma, the utility...