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Hazardous air pollutants, §112

White Stallion Energy Center, LLC v. Environmental Protection Agency

The D.C. Circuit upheld the emission standards EPA promulgated in 2012 for mercury and other listed hazardous air pollutants emitted by coal- and oil-fired electric utility steam generating units. The rule was challenged by industry,...

Doe Run Resources Corp. v. Environmental Protection Agency

The D.C. Circuit denied petitions challenging EPA's revised NESHAPs for primary lead processing operations. Despite petitioners' argument to the contrary, EPA's use of the lead NAAQS as a benchmark in setting a NESHAP for lead compounds...

Association of Battery Recyclers, Inc. v. Environmental Protection Agency

The D.C. Circuit upheld EPA's revised NESHAPs for secondary lead smelting facilities. In 2012, acting pursuant to CAA §§112(d)(6) and 112(f)(2), EPA revised the 1995 emissions standards for secondary lead smelting facilities, reducing...

Desert Citizens Against Pollution v. Environmental Protection Agency

The D.C. Circuit upheld an EPA rule that added the gold mine ore processing and production area source category to the list of source categories to be regulated under CAA §112(c)(6). CAA §112(c)(6) requires action by EPA on seven...

Sierra Club v. Environmental Protection Agency

The D.C. Circuit held that EPA's determination that it completed sufficient standards to meet CAA §112(c)(6)'s 90% requirement for hazardous air pollutants is a legislative rulemaking subject to APA notice-and-comment requirements. EPA'...

Wildearth Guardians v. Lamar Utilities Board

A district court held that utilities violated CAA §112(g) by upgrading an existing power plant in Lamar, Colorado, from a natural gas-fired plant into a coal-fired one without receiving a maximum achievable control technology (MACT)...

Wildearth Guardians v. Public Service Co. of Colorado

The Tenth Circuit dismissed as moot an environmental group's CAA citizen suit against an energy company for building a new coal-fired power plant in Pueblo, Colorado, without a valid construction permit. Although the project initially...

Sierra Club v. United States Environmental Protection Agency

A district court held that an environmental group may go forward with its CAA citizen suit against EPA for failing to promulgate by November 15, 2000, regulations to reduce hazardous air pollutant emissions created during the...

Portland Cement Ass'n v. Environmental Protection Agency

The D.C. Circuit remanded EPA's NESHAPs for portland cement facilities. While EPA was establishing the NESHAPs, it was simultaneously developing a definition of commercial and industrial solid waste incinerators (CISWI), which would...

Sierra Club v. Jackson

A district court denied EPA's motion to dismiss an environmental group's lawsuit challenging the Agency's administrative stay of two rules setting forth hazardous air emission standards for boilers and commercial and industrial solid...