A district court denied industry groups' motion to intervene in a CAA citizen suit concerning EPA's alleged failure to review the ozone NAAQS in a timely manner. The underlying lawsuit concerns whether EPA has failed to perform a mandatory duty to review the ozone air quality standards, and whether ...

The Eleventh Circuit affirmed a lower court decision dismissing environmental groups' claim that the U.S. Navy and the National Marine Fisheries Service (NMFS) violated NEPA, the ESA, and the APA in deciding to install and operate an undersea warfare training range in waters adjacent to the only kno...

The Supreme Court of Kansas reversed and remanded the Kansas Department of Health and Environment's decision to issue a prevention of significant deterioration (PSD) permit to a power company to construct an 895-megawatt coal-fired power plant. An environmental group filed suit against the state age...

The Ninth Circuit, in an unpublished opinion, held that the National Marine Fisheries Service (NMFS) did not violate the Marine Mammal Protection Act (MMPA) or NEPA when it authorized Idaho, Oregon, and Washington to kill up to 85 California sea lions annually at the Bonneville Dam in order to prote...

The Eighth Circuit vacated and remanded EPA's best available retrofit technology (BART) determination for a large power plant in North Dakota, but otherwise upheld EPA's partial disapproval of two SIPs submitted by North Dakota to meet the CAA's visibility requirements as well as the Agency's federa...

The Eleventh Circuit reversed a lower court decision excluding the testimony of two expert witnesses in the government's case against a power company for making major modifications at three of its coal-fired power plants without obtaining a permit or installing modern pollution control devices. The ...

A district court upheld critical habitat protections for the marbled murrelet, a small seabird found in the Pacific Northwest that nests in old-growth forests. FWS designated critical habitat for the tri-state population of marbled murrelets in 1996. In 2010, FWS determined that delisting the murrel...

The Fifth Circuit held that it lacked jurisdiction to review petitions challenging EPA's objection to three CAA Title V permits issued by the Louisiana Department of Environmental Quality for a proposed ironmaking facility. The state agency issued three separate Title V permits for the facility, and...