The North Dakota Supreme Court affirmed a lower court ruling upholding the North Dakota Department of Environmental Quality's issuance of an air quality permit to construct a refinery. A conservation group argued the Department's omission of an enforceable permit limit for hazardous air pollutants (...
A district court dismissed for lack of subject matter jurisdiction a suit concerning EPA's CAA obligations to regulate pollution from coke ovens. Environmental groups argued the CAA required EPA to perform a risk assessment every time it revised its technology-based standards for a hazardous polluti...
The Tenth Circuit held that EPA erred in denying an environmental group's petition to review the renewal of a state-issued Title V operating permit for a coal-fired power plant in Utah. The group's petition argued that EPA should object to the renewal because it failed to "assure compliance" with al...
The Second Circuit granted in part and denied in part a challenge to provisions of EPA's Mercury Reporting Rule that exempted certain manufacturers of mercury or mercury-added products from reporting requirements. An environmental group and the state of Vermont argued that three provisions of the ru...
The Ninth Circuit vacated EPA's 2018 decision to conditionally register three dicamba-based herbicides designed to be sprayed on genetically engineered soybeans and cotton. Nonprofit groups argued the decision violated the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). The court found ...
The Ninth Circuit affirmed in part and reversed in part a district court's dismissal of a suit challenging an automobile company's use of diesel-cheat devices to evade compliance with federally mandated emission standards. Two counties argued the company's installation of and modification to the dev...
The Fifth Circuit upheld EPA's decision to reject a challenge to a CAA Title V permit it issued for expansion of a plant in Baytown, Texas. Environmental groups requested that EPA reject the permit on the grounds that the underlying Title I preconstruction permit allowing the expansion was invalid. ...
The First Circuit vacated an air permit issued by the Massachusetts Department of Environmental Protection (MDEP) for a proposed natural gas compressor station that is part of a natural gas pipeline connecting the northeastern U.S. and Canada. Nearby municipalities and citizens argued that MDEP impr...
The D.C. Circuit granted in part and denied in part Delaware's and Maryland's challenges to EPA's denial of their CAA §126(b) petitions requesting that the Agency impose additional limitations on certain upwind sources contributing to the states' nonattainment of ozone NAAQS. Maryland's petition ar...