The Sixth Circuit held that the CAA does not categorically prevent EPA from challenging preconstruction projections of whether and to what extent emissions will increase following new source construction. In March 2013, the appellate court reversed and remanded a district court ruling in favor of an...

The D.C. Circuit granted EPA's request to remand the NESHAPs for industrial, commercial, and institutional boilers to the Agency without vacatur so that it can conduct rulemaking to modify them in accordance with the court's earlier ruling. On July 29, 2016, the court granted in part and denied in p...

A district court denied in part and granted in part motions for summary judgment in a suit involving the effects of the Leavenworth [WA] National Fish Hatchery’s operation on endangered Chinook salmon and steelhead in Icicle Creek. An environmental group alleged NMFS's biological opinion (BiOp) an...