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Outfitter Properties, LLC v. Wildlife Conservation Board

A California appellate court affirmed a lower court decision denying a petition to vacate the state wildlife board's decision to pay $9.98 million from the California Habitat Conservation Fund to the U.S. Bureau of Reclamation for the Battle Creek Salmon and Steelhead Restoration Project. The pe...

Coalition for Responsible Regulation v. Environmental Protection Agency

The D.C. Circuit upheld four EPA rulemakings governing greenhouse gases. EPA issued the rules following the U.S. Supreme Court's decision in Massachusetts v. EPA, 549 U.S. 497 (2007), in which the Court clarified that greenhouse gases meet the definition of an air pollutant under the CAA. Petit...

BCCA Appeal Group v. United State Environmental Protection Agency

The Fifth Circuit upheld EPA's decision to disapprove certain revisions to Texas' SIP. EPA disapproved the revisions concerning the state's "qualified facilities program" because it did not meet the minor new source review (NSR) SIP nor did it meet the NSR SIP requirement for a substitute major ...

Mack Trucks, Inc. v. Environmental Protection Agency

The D.C. Circuit vacated an interim final rule issued by EPA that would allow manufacturers of heavy-duty diesel engines to pay nonconformance penalties in exchange for the right to sell engines that fail to satisfy nitrogen oxide requirements. In 2001, EPA issued a rule requiring a 95% reduction in...