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Federal implementation plans (FIPs), §110(c)(1)

New Jersey v. Wheeler

A district court granted states' motion for summary judgment in a lawsuit concerning EPA's duty to limit air pollution drifting from upwind states into northeastern states. Connecticut, Delaware, Massachusetts, New Jersey, and New York...

California v. United States Environmental Protection Agency

A district court denied EPA's request to stay a previous order requiring it to comply with its 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. Eight states had argued that the Agency failed to...

New York v. Pruitt

A district court ordered EPA to issue federal implementation plans fully resolving interstate transport obligations under the CAA's "good neighbor" provision for the 2008 ozone NAAQS. EPA conceded that it missed the deadline to do so...

Texas v. United States Environmental Protection Agency

The Fifth Circuit stayed EPA's regional haze plan for Oklahoma and Texas until the underlying petitions for review challenging the rule are resolved. Texas, energy companies, power plants, and others challenged EPA's action disapproving...

Sierra Club v. United States Environmental Protection Agency

A district court ordered EPA to impose a "good neighbor” federal implementation plan (FIP) for Texas with respect to the 1997 fine particulate matter (PM2.5) NAAQS. In 2015, the D.C. Circuit...

Arizona v. U.S. Environmental Protection Agency

The Ninth Circuit held that EPA did not act arbitrarily and capriciously when it disapproved in part Arizona's regional haze SIP and issued a replacement federal implementation plan (FIP) in place of the disapproved SIP elements. First...

National Parks Conservation Ass'n v. U.S. Environmental Protection Agency

The Ninth Circuit granted in part and denied in part petitions for review challenging EPA's federal implementation plan to reduce regional haze at two power plants in Montana. The owner and operator of the plants, as well as...

Oklahoma Department of Environmental Quality v. Environmental Protection Agency

The D.C. Circuit vacated EPA's new source review (NSR) rule for Indian country, which established a federal implementation plan (FIP) covering all Indian country nationwide except where EPA had already approved a tribal NSR program or...

North Dakota v. United States Environmental Protection Agency

The Eighth Circuit vacated and remanded EPA's best available retrofit technology (BART) determination for a large power plant in North Dakota, but otherwise upheld EPA's partial disapproval of two SIPs submitted by North Dakota to meet...

Oklahoma v. United States Environmental Protection Agency

The Tenth Circuit upheld an EPA rule in which it rejected Oklahoma's regional haze plan to limit sulfur dioxide emissions at electric utility power plants and replaced it with its own more stringent regulations via a federal...