A district court held that DOI complied with NEPA, the ESA, and FLPMA when it approved the construction of a large solar power plant in California's Mojave Desert. Environmental groups filed suit, alleging that BLM and FWS inadequately considered the project's effect on existing populations of deser...

The D.C. Circuit held that EPA's determination that it completed sufficient standards to meet CAA §112(c)(6)'s 90% requirement for hazardous air pollutants is a legislative rulemaking subject to APA notice-and-comment requirements. EPA's determination, having declared the end not only of its multi-...

The D.C. Circuit upheld an EPA rule that added the gold mine ore processing and production area source category to the list of source categories to be regulated under CAA §112(c)(6). CAA §112(c)(6) requires action by EPA on seven bioaccumulative hazardous air pollutants (HAPs), including mercury, ...

A district court held that the CAA preempts individuals' tort law action against a coal-fired power plant for property damage stemming from the plant's air emissions. In essence, the individuals' complaint attacks the plant's air emissions and asks the court to regulate them. But the CAA provides a ...

The Ninth Circuit vacated and remanded FWS' biological opinion for a pipeline project involving the construction, operation, and maintenance of a 678-mile, 42-inch-diameter natural gas pipeline extending from Wyoming to Oregon. The right-of-way for the pipeline encompasses approximately 2,291 acres ...

A district court held that utilities violated CAA §112(g) by upgrading an existing power plant in Lamar, Colorado, from a natural gas-fired plant into a coal-fired one without receiving a maximum achievable control technology (MACT) determination. When the state environmental agency first issued th...