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Communities for a Better Environment v. Environmental Protection Agency

 The primary standards for carbon monoxide have remained the same since 1971. There has not been a secondary standard for carbon monoxide since EPA revoked a secondary standard in 1985. In 2007, EPA began reviewing whether to alter the current primary standards and whether to adopt a secondary ...

Merrick v. Diageo Americas Supply, Inc.

A district court held that the CAA does not preempt landowners' state common-law tort claims against a whiskey distillery for property damage. The landowners alleged that emissions from the distillery caused "whisky fungus" to grow on their property. The distillery filed a motion to dismiss, arguing...

WildEarth Guardians v. McCarthy

A district court dismissed an environmental group's CAA citizens suit against EPA for failing to make a finding that Idaho and Utah failed to timely submit SIPs for fine particulate matter (PM2.5). In 2007, EPA issued a rule that required states to submit their SIPs for PM2.5 within three years afte...

Utility Air Regulatory Group v. Environmental Protection Agency

The D.C. Circuit denied an electric utility association's petition for review challenging EPA's new source performance standards for steam generating units. The standards—issued via final rules in 2009 and again in 2012—exempt all units using particulate matter continuous emissions monitoring sy...

PT Air Watchers v. State

The Washington Supreme Court upheld the state environmental agency's determination that an EIS was not necessary for a proposed biomass cogeneration project at a kraft pulp and paper mill. An environmental group argued that by not preparing an EIS, the agency failed to adequately consider the effect...

Sierra Club v. Oklahoma Gas & Electric Co.

A district court granted in part and denied in part motions to dismiss an environmental group's citizen suit against a utility company for alleged CAA violations at a coal-fired power plant in Muskogee, Oklahoma. The group alleged that the company failed to obtain a prevention of significant deterio...