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Sierra Club v. BP Products North America Inc.

A district court adopted a magistrate judge's recommendation and granted an environmental group's motion for partial summary judgment in a lawsuit concerning particulate matter emissions violations at an oil refinery in Indiana. The group brought a citizen suit under the CAA, arguing that the refine...

New Jersey v. Environmental Protection Agency

The D.C. Circuit denied, 2-1, New Jersey's challenge to a rule promulgated by EPA on remand concerning the CAA's new source review (NSR) program. The state argued that EPA inadequately considered concerns stemming from the predictive and subjective nature of projected emissions calculations and adop...

Sierra Club v. Environmental Protection Agency

The D.C. Circuit vacated three provisions of EPA's 2018 rule implementing NAAQS for ozone. Environmental groups challenged four provisions of the rule: the interprecursor trading program, a provision allowing states to demonstrate compliance with the CAA's "reasonable further progress" milestone req...

American Lung Ass'n v. Environmental Protection Agency

The D.C. Circuit vacated EPA's Affordable Clean Energy Rule that repealed and replaced the Clean Power Plan as a means of regulating power plants' greenhouse gas emissions. A group of public health petitioners sought review of the rule's conclusion that §7411 of the CAA only permitted emission redu...