A district court holds that the Clean Air Act (CAA) does not preempt New York's zero emission vehicle (ZEV) sales mandate and dismisses an action brought by automobile manufacturers seeking to enjoin the state from enforcing legislation that requires the sale of ZEVs beginning in the 1998 model year...
The court holds that the Massachusetts Department of Environmental Protection's (DEP's) zero emission vehicle (ZEV) regulations for automobile manufacturers are not identical to California standards as required by Clean Air Act (CAA) §177 and, thus, are preempted by CAA §209(a). In 1992, Massachus...
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 holds that the U.S. Forest Service's decision to implement land and resource management plan (LRMP) amendments prospectively, but not retroactively, does not violate the National Forest Management Act (NFMA). The court first holds that the grant of authority to amend the LRMPs includes the...
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 upholds a U.S. Department of Interior Board of Land Appeals (IBLA) determination that a company's failure to file a stipulation of entry rendered its mining claims null and void ab initio. When the Secretary of the Interior opened certain lands to mining claims in 1954, he required that a ...