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WildEarth Guardians v. U.S. Environmental Protection Agency

The Ninth Circuit upheld EPA's approval of Nevada's SIP for regional haze. In the SIP, Nevada provided reasonable progress goals for attaining natural visibility conditions at the Jarbridge Wilderness Area in remote northeastern Nevada, the state’s only Class I federal area. The SIP further requir...

United States v. Volvo Powertrain Corp.

The D.C. Circuit upheld a $72 million judgment against an automobile manufacturer for violating a consent decree requiring certain model year 2005 engines to comply with EPA’s model-year 2006 nitrogen oxide (NOx) emissions standard. In 1998, EPA alleged that several major engine manufacturers viol...

Luminant Generation Co. v. United States Environmental Protection Agency

The Fifth Circuit held that notices of violations EPA sent to two power plant operators for alleged CAA violations were not "final agency action" and, hence, not subject to judicial review. In the notices, EPA claimed that the operators violated the Act's PSD provisions in connection with certain ph...

Michigan v. United States Army Corps of Engineers

The Seventh Circuit upheld the dismissal of a lawsuit brought by five states bordering the Great Lakes in which they seek to compel the U.S. Army Corps of Engineers to take immediate action to prevent invasive Asian carp from crossing into Lake Michigan. The five states—Michigan, Ohio, Wisconsin, ...