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A district court held that Washington state must establish reasonably available control technology (RACT) for greenhouse gas emissions. Based on its plain language, the RACT provision contained in Washington's federally approved SIP is not discretionary and requires the state's agencies to estab...

The D.C. Circuit held that a home builders association lacked standing to challenge the U.S. Army Corps of Engineers' issuance of nationwide permit (NWP) 46, which allows persons to secure approval for qualifying discharges into "waters of the United States" without going through the more laborious ...

A California court held that the California Air Resources Board's "functional equivalent document" and scoping plan to reduce greenhouse gases as it relates to cap and trade complies with the California Environmental Quality Act. The court therefore lifted its May 20, 2011, peremptory writ of man...

The D.C. Circuit held that a home builders' association lacked standing to challenge EPA's and the U.S. Army Corps of Engineers' determination that two reaches of the Santa Cruz River in southern Arizona constitute "traditional navigable waters" (TNW) under the CWA. Although the association has spen...

The court holds that a district court did not have jurisdiction to review a dispute about language in a U.S. Environmental Protection Agency (EPA) consent decree approving a proposed cleanup plan. The plan was proposed by a company that abandoned an acrosol can facility following an explosion and a ...