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Air pollution

Rocky Mountain Farmers Union v. Corey

The Ninth Circuit affirmed a district court's dismissal of a constitutional challenge to California's 2015 Low Carbon Fuel Standard (LCFS). Farming groups argued that the state's LCFS violated the Commerce Clause and the federal...

Owner-Operator Independent Drivers Ass'n v. Environmental Protection Agency

The D.C. Circuit dismissed a truck association's lawsuit against EPA challenging California's tractor-trailer emission rules. The association argued that the state regulations impermissibly discriminate against out-of-state tractor...

Rocky Mountain Farmers Union v. Corey

The Ninth Circuit held that the California Air Resource Board (CARB) low carbon fuel standard's regulation of ethanol does not facially discriminate against out-of-state commerce. CARB treats all ethanol within each regional category...

Pacific Merchant Shipping Ass'n v. Goldstene

The Ninth Circuit upheld, on statutory and constitutional grounds, California's vessel fuel rules as they apply to vessels located more than three miles off the California coast. The rules, which seek to reduce air pollutants...

Clean Air Mkts. Group v. Pataki

The court affirms a district court decision that New York Air Pollution Mitigation Law §66-k is preempted by the Clean Air Act (CAA) Title IV cap-and-trade system and violates the Supremacy Clause of the U.S. Constitution. Section...

Clean Air Mkts. Group v. Pataki

The court holds that the New York Air Pollution Mitigation Law is preempted by the Clean Air Act (CAA) and violates the U.S. Commerce Clause. Under Air Pollution Mitigation Law §66-k, an electric generator is assessed an offset penalty...

Alliance for Clean Coal v. Bayh

The court holds that provisions of Indiana's Environmental Compliance Plans Act (ECPA) that favor a utility's use of Indiana coal violate the Commerce Clause of the U.S. Constitution. The ECPA allows a utility to seek an early review by...

Alliance for Clean Coal v. Bayh

The court holds that provisions of Indiana's Environmental Compliance Plans Act (ECPA) that favor a utility's use of Indiana coal violate the Commerce Clause of the U.S. Constitution. The ECPA allows a utility to seek an early review by...

Alliance for Clean Coal v. Miller

The court holds that the Illinois Coal Act, which requires utilities and the Illinois Commerce Commission to take into account the need to use high-sulfur coal mined in Illinois when developing and approving Clean Air Act (CAA)...