The court amends an opinion that affirmed in part and remanded in part a U.S. Environmental Protection Agency's (EPA's) hazardous air pollutant (HAP) emission regulations for cement manufacturing. The amended opinion removes the argument that the Clean Air Act (CAA) §112(d)(2)(A) requirement that E...

The court reverses and remands the convictions of two individuals charged with improperly removing asbestos-containing materials from a hotel and casino in Las Vegas, Nevada. The court first holds that the district court committed plain error when it constructively amended the indictment by instruct...

The court holds that the U.S. Environmental Protection Agency (EPA) has the power under the Clean Air Act (CAA) to adopt de minimis exemptions for sources of pollution from particulate matter having an aerodynamic diameter of 10 microns or less (PM[10]) from the new source review (NSR) program in a ...

The court remands two aspects of a final U.S. Environmental Protection Agency (EPA) rule that requires many nitrogen oxide-emitting facilities in several midwestern and southeastern states to conform to emission limits set by EPA and to participate in an emissions trading program. Petitioners challe...

The court remands three portions of technical amendments the U.S. Environmental Protection Agency (EPA) made to its nitrogen oxide (NOx) state implementation plan (SIP) call rulemaking that revised the database used to establish state budgets for NOx emissions. The court first holds that the growth ...

The court denies a petition to review the U.S. Environmental Protection Agency's (EPA's) approval of a revision to Missouri's Clean Air Act (CAA) state implementation plan that included a rate of progress (ROP) plan for reducing volatile organic compound (VOC) emissions in the St. Louis moderate ozo...

The court denies an engine manufacturer's petition to review the U.S. Environmental Protection Agency's (EPA's) Clean Air Act (CAA) Phase 2 emissions standards for new nonroad spark-ignition handheld engines. The court first holds that the record shows that EPA complied with CAA §213(a)(3) and reas...

The court holds that the best available retrofit technology (BART) provisions of the U.S. Environmental Protection Agency's (EPA's) regional haze rule violate the Clean Air Act (CAA), but that the rule's natural visibility goal and no degradation requirement do not. The regional haze rule calls for ...

The court denies an industry association's petition to review the U.S. Environmental Protection Agency's (EPA's) denial of the association's Clean Air Act (CAA) §112(b)(3) petition to delete methanol from the CAA list of hazardous air pollutants (HAPs). The association's petition to delist methanol...

The court holds that the U.S. Environmental Protection Agency (EPA) did not abuse its discretion or act arbitrarily or capriciously in invalidating a state-granted prevention of significant deterioration (PSD) permit and finding that a state environmental agency's best available control technology (...