A district court held that the Clean Air Act (CAA) does not preempt a local air district rule that requires developers to reduce nitrogen oxide and particulate matter emissions from their projects or to pay a fee to offset such emissions. The rule is not a standard subject to CAA §209. It neith...
The Seventh Circuit upheld a lower court order enjoining a power company from building a coal-fired power plant without first obtaining a new prevention of significant deterioration (PSD) permit from the state of Illinois. The state's environmental agency granted the company a PSD permit in 2001. Th...
A district court dismissed a county's lawsuit against a railroad company for allowing its locomotive engines to idle in violation of state air pollution law. This case involves railcars, the fumes they emit, and the tracks they use. Accordingly, its falls under the umbrella of federal regulatory aut...
The Eighth Circuit upheld as moot a lower court decision denying a hunting club's motion to preliminarily enjoin a power company from constructing a 600-megawatt pulverized coal-fired power plant in Hempstead County, Arkansas, without first obtaining a prevention of significant deterioration permit ...
The D.C. Circuit denied an environmental group's petition for review of U.S. Environmental Protection Agency (EPA) air quality regulations governing the exclusion of emissions data from state reporting requirements during exceptional events such as natural disasters. The rule allows states to list s...
A district court held that environmental groups' citizen suit against the Tennessee Valley Authority (TVA) for violating the Clean Air Act, the Tennessee state implementation plan, and related regulations in conjunction with its operation of coal-fired power plant in Bull Run, Tennessee, must procee...
The Sixth Circuit dismissed a miner's petition for writ of mandamus directing the Secretary of Labor to promulgate lower limits for the mount of dust and silica allowed in the air in mines. The Federal Mine Safety and Health Act of 1977 authorizes the Secretary to promulgate mandatory air quality st...
A district court granted in part and denied in part the motion of the Mine Safety and Health Administration (MSHA) to dismiss a mine operator’s action relating to the MSHA’s use of a citation quota, which allegedly caused mine inspectors to issue baseless citations to the operator. As a ...
A district court granted in part and denied in part the United States' motion to dismiss citizen groups’ claims challenging the approval of certain quarterly oil and gas lease sales under, among other things, the APA, FLPMA, the Mineral Lands Leasing Act (MLLA), the National Forest Management ...
The D.C. Circuit denied industry groups’ petition for review of a Mine Safety and Health Administration (MSHA) decision to enforce a final exposure limit standard for exposure of miners in metal and non-metal underground mines to diesel particulate matter (DPM) in diesel exhaust. This decision...