The D.C. Circuit reversed and vacated a portion of a January 2013 rule in which EPA revised the NESHAPs and new source performance standards for backup generators. Specifically, the court held that EPA acted arbitrarily and capriciously when it modified the NESHAPs and NSPS to allow backup generator...
A California appellate court held that the state's water resources board did not violate state law when it voted 2-1 to increase water quality permit fees for the 2011-2012 fiscal year. When the board voted for the increase, two of the seats were vacant. A building association challenged the increas...
The Colorado Supreme Court held that state law does not allow a trial court to issue a modified case management order, such as a "Lone Pine" order, that requires a plaintiff to present prima facie evidence in support of a claim before the plaintiff can exercise its full rights of discovery under the...
The D.C. Circuit dismissed petitions challenging EPA's and the National Highway Traffic Safety Administration's (NHTSA's) coordinated rules governing the greenhouse gas emissions and fuel economy of cars and trucks. One group of petitioners—businesses, associations, and individuals located in Cali...
The D.C. Circuit, in light of the U.S. Supreme Court's decision in Utility Air Regulatory Group v. EPA, No. 12-1146, 44 ELR 20132 (2014), amended a prior decision in which it upheld four EPA rulemakings governing greenhouse gases (GHGs). The four rules are: (1) EPA's endangerment finding, in which i...
A district court held that coal companies have standing in their CAA lawsuit against EPA for failing to evaluate the potential for job losses stemming from the Agency's CAA regulation and enforcement efforts. The coal companies alleged that EPA's actions have had a coercive effect on the power gener...
The Sixth Circuit denied a cement company's petition to vacate an EPA rule requiring it to add more stringent air pollution controls at one of its portland-cement plants. The Michigan Department of Natural Resources and Environment had previously deemed the plant's pollution controls sufficient and ...