Hazardous air pollutants, §112
National Parks Conservation Ass'n v. North Dakota Department of Environmental Quality
The North Dakota Supreme Court affirmed a lower court ruling upholding the North Dakota Department of Environmental Quality's issuance of an air quality permit to construct a refinery. A conservation group argued the Department's...
Louisiana Environmental Action Network v. Environmental Protection Agency
The D.C. Circuit granted a petition to review EPA's 2017 rule revising its emission standard for hazardous air pollutants (HAPs) emitted from pulp mill combustion sources. Environmental groups argued that EPA was required under §112(d)(...
Community-in-Power & Development Ass'n v. Pruitt
A district court ordered EPA to promulgate revised CAA emission standards for nine industrial sectors by October 1, 2021. Environmental groups wanted the overdue rulemakings to be completed within two years, while the Agency requested...
Sierra Club v. Environmental Protection Agency
The D.C. Circuit granted in part and denied in part petitions concerning EPA's NESHAPs for industrial boilers. The first challenge raised by environmental groups concerned regulations that indirectly control a group of organic...
U.S. Sugar Corp. v. Environmental Protection Agency
The D.C. Circuit, in a 162-page opinion, granted in part and denied in part petitions challenging three EPA rules setting NESHAPs for industrial, commercial, and institutional boilers and commercial and industrial solid waste...
United States v. Sawyer
The Sixth Circuit upheld a lower court decision sentencing an individual to 60 months in prison and ordered the individual and his co-defendants, jointly and severally, to pay $10,388,576.71 in restitution to EPA for asbestos NESHAPS...
Sierra Club v. McCarthy
A district court ordered EPA to either promulgate revised emissions standards for the the pulp mill and nutritional yeast manufacturing source categories, or issue a determination that such standards are not required under the CAA. EPA...
National Ass'n for Surface Finishing v. Environmental Protection Agency
The D.C. Circuit denied petitions challenging an EPA regulation that revised the NESHAP for hexavalent chromium, a carcinogenic compound that gets emitted into the air during the chrome-finishing process. The new rule, issued in 2012,...
Michigan v. Environmental Protection Agency
The U.S. Supreme Court reversed and remanded EPA's rule limiting hazardous air pollutant emissions from power plants, holding that the Agency interpreted CAA §112(n)(1)(A) unreasonably when it deemed cost irrelevant to the decision to...
Delaware Department of Natural Resources v. Environmental Protection Agency
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...
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