Hazardous air pollutants, §112
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...
Sierra Club v. McCarthy
A district court held that EPA failed to set emissions standards for hazardous air pollutants under CAA §112(c)(6) in violation of prior court orders. In 2006 and 2011, the court ordered EPA to take action by a date certain to ensure...
Natural Resources Defense Council v. Environmental Protection Agency
The D.C. Circuit vacated a portion of EPA's 2013 rule regulating air emissions from Portland cement kilns. The court concluded that the emission-related portions of the rule are permissible under the CAA. It also upheld the compliance...
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