The court holds that the U.S. Environmental Protection Agency (EPA) did not act arbitrarily and capriciously when, under the Clean Air Act (CAA) §612(c) and its regulations, it designated a manufacturer's product an unacceptable substitute to freon or when it refused to place the product on the CAA...

The court holds that the U.S. Environmental Protection Agency (EPA) failed to explain adequately why the physical effects felt by some asthmatics from exposure to short-term, high-level sulfur dioxide (SO2) bursts are not a public health problem under the Clean Air Act. The case arose after EPA decl...

The court denies a petition challenging the U.S. Environmental Protection Agency's (EPA's) decision to grant a nitrogen oxide (NOx) reduction requirement exemption to four states abutting Lake Michigan under Clean Air Act (CAA) §182. The effect of the challenged rule is to allow the Lake Michigan s...

The court upholds a U.S. Environmental Protection Agency (EPA) rule that revised and established nitrogen oxide (NOx) emission limits for Group 1, Phase II electric utility boilers as well as Group 2 boilers under Clean Air Act (CAA) Title IV. The court first holds that in revising the limits for th...

The court holds that the Federal Aviation Administration's (FAA's) approval of the expansion of Burbank-Glendale-Pasadena Airport does not violate the National Environmental Policy Act (NEPA) or the Clean Air Act (CAA). The court first rejects the arguments made by two cities that if FAA had taken a...

The court upholds the U.S. Environmental Protection Agency's (EPA's) decision to grant California a Clean Air Act (CAA) §209(b) waiver allowing the state to enforce its own on-board emissions diagnostic device (OBD) regulations, which contain OBD antitampering provisions. The court also upholds EPA...

The court holds that the Secretary of Commerce complied with the Magnuson-Stevens Fishery Conservation and Management Act in setting commercial harvest quotas for Atlantic sharks in its fishery management plan (FMP) for 1997, but violated the Regulatory Flexibility Act (RFA) in determining that the ...

The court affirms a district court's decision that an environmental group, alleging that the management of Lake Mead was jeopardizing the continued existence of the southwestern willow flycatcher, failed to provide the requisite notice to invoke subject matter jurisdiction under the Endangered Speci...

The court holds that the Bureau of Reclamation violated the Endangered Species Act (ESA) by renewing water supply contracts with several water districts in California before consulting with the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS). The districts rely ...

The court holds that New York's zero emission vehicle (ZEV) sales requirement for model years 1998-2002 is preempted by Clean Air Act (CAA) §209. The court first holds that the ZEV sales requirement must be considered a standard "relating to the control of emissions" and is, therefore, within the p...