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United States v. Ohio Edison Co.

The court holds that an electric utility violated the Clean Air Act (CAA) when it completed 11 construction activities that modified a coal-fired electric-generating facility without first calculating post-construction emissions and obtaining preconstruction CAA prevention of significant deteriorati...

South Dakota Farm Bureau, Inc. v. Hazeltine

The court holds that §21 of Article XVII to the South Dakota Constitution, which prohibits corporations or syndicates from acquiring or obtaining an interest in land used for farming and from otherwise engaging in farming in South Dakota, violates the dormant U.S. Commerce Clause of the U.S. Co...

Bayview Hunters Point Community Advocates v. Metropolitan Transp. Comm'n

The court holds that a local transportation control measure, adopted as part of California's state implementation plan to attain federal air quality standards in the San Francisco Bay Area, does not impose an enforceable obligation on the local transportation commission to increase public transit ri...

Engine Mfrs. Ass'n v. South Coast Air Quality Management Dist.

The U.S. Supreme Court held that certain aspects of local fleet rules do not escape preemption under CAA §209(a) simply because they address the purchase of vehicles rather than their manufacture or sale. The fleet rules prohibit the purchase or lease of vehicles by fleet operators that do not ...

Greenbaum v. EPA

The Sixth Circuit upheld EPA's redesignation of Cleveland, Ohio, from nonattainment to attainment for particulate matter under CAA §107(d)(3)(E). An environmental group argued that EPA illegally waived statutory requirements when it redesignated the area to attainment by not fully approving the...

Defend the Bay v. Irvine, City of

A California appellate court denied an environmental group's petition to compel a city to rescind its approval of an environmental impact report (EIR) for the development of a former military base despite the group's claims of insufficient evidence to support conclusions regarding impacts in housing...

Baxter Healthcare Corp. v. Denton

A California appellate court held that a health care company adequately established that its chemical plasticizer (DEHP) posed no significant risk of causing cancer in humans and, thus, was exempt from warning requirements under the California Safe Drinking Water and Toxic Enforcement Act (Propositi...

Maintain Our Desert Env't v. Apple Valley, Town of

A California appellate court held that a lower court did not err when it denied an environmental group's writ seeking to set aside approval of a development project because the town did not comply with the California Environmental Quality Act (CEQA). The group had standing to seek a writ because it ...

Serra Canyon Co. v. California Coastal Comm'n

A California appellate court upheld the dismissal of a landowner's inverse condemnation claim against California in which it sought to avoid the effect of an irrevocable offer to dedicate land for public use. The dedication was made by a prior owner of the land in 1983 as a condition of a permit to ...

Khodara Envtl., Inc. v. Blakey

The Third Circuit reversed a lower court decision and granted declaratory judgment for a waste management company stating that the Wendell H. Ford Aviation Investment and Reform Act does not prohibit the building of a landfill because the company began construction prior to the effective date of the...