The court denies environmental groups' motion to reopen a previous action and dismisses the groups' current action against the federal government in which the groups allege that the U.S. Navy violated the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), and the Marine Mamm...

The court holds that environmental groups are entitled to an award of attorney fees under the Endangered Species Act (ESA) in connection with their lawsuit against the U.S. Department of the Interior (DOI) for failing to timely publish final rules for one endangered butterfly and five endangered pla...

The court affirms the U.S. Environmental Protection Agency's (EPA's) disapproval of a revision to the Michigan Clean Air Act (CAA) state implementation plan (SIP) that automatically exempts from state review emissions violations resulting from the startup, shutdown, or malfunction (SSM) of the sourc...

The court dismisses a power plants's motion to challenge the U.S. Environmental Protection Agency's (EPA's) determination that a proposed new plant, when combined with an existing plant, would constitute a single source of air emission for permitting purposes under the Clean Air Act (CAA). The plant...

The court holds that individuals lack standing to bring a Clean Air Act (CAA) citizen suit against a petroleum refinery for failing to report certain CAA emissions violations from its catalyst regenerator, but the individuals do have standing to maintain a CAA citizen suit against the refinery for f...

The court upholds all but one of the U.S. Department of Commerce's regulations implementing the final 1999 highly migratory species fishery management plan. The court first holds that three of the regulations, which place limits on the amount of Atlantic bluefin tuna that can be caught and kept per ...

The court holds that the U.S. Environmental Protection Agency (EPA) erroneously classified two stationary gas turbines in an electrical power complex as subject to regulation under the new source performance standards (NSPS) for petroleum refineries. The regulations apply to affected facilities in p...

The court affirms in part and reverses in part the U.S. Environmental Protection Agency's (EPA's) hazardous air pollutant (HAP) emission regulations for Portland cement manufacturing. The regulations were challenged by an environmental group and an industry association. The court first dismisses the...

The court amends an opinion that affirmed in part and remanded in part a U.S. Environmental Protection Agency's (EPA's) hazardous air pollutant (HAP) emission regulations for cement manufacturing. The amended opinion removes the argument that the Clean Air Act (CAA) §112(d)(2)(A) requirement that E...

The court reverses and remands the convictions of two individuals charged with improperly removing asbestos-containing materials from a hotel and casino in Las Vegas, Nevada. The court first holds that the district court committed plain error when it constructively amended the indictment by instruct...