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Judicial review

Kansas v. Environmental Protection Agency

The D.C. Circuit, in an unpublished opinion, dismissed a petition challenging an EPA computer model that states must use to estimate motor vehicle emissions when developing their strategies to comply with the CAA. Kansas and Nebraska,...

Sierra Club de Puerto Rico v. Environmental Protection Agency

The D.C. Circuit dismissed environmental groups' lawsuit seeking to vacate an EPA rule that implements the CAA's new source review (NSR) permitting scheme in nonattainment areas. The groups filed suit after EPA issued an energy company...

Dalton Trucking, Inc. v. United States Environmental Protection Agency

The D.C. Circuit dismissed petitions challenging EPA's authorization of California regulations intended to reduce emissions of particulate matter and oxides of nitrogen from in-use nonroad diesel engines, ruling that venue was improper...

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...

Oklahoma v. McCarthy

A district court held that it lacks jurisdiction over Oklahoma's lawsuit against EPA challenging its proposed emission standards for coal-fired power plants. The state argues that the proposed emission standards, if adopted as a final...

Oklahoma v. McCarthy

A district court ordered Oklahoma to file a brief by July 16 explaining why the court should have jurisdiction over the state's lawsuit challenging EPA's proposed "Clean Power Plan" to reduce carbon dioxide emissions on a nationwide...

California Dump Truck Owners Ass'n v. Nichols

The Ninth Circuit upheld the dismissal of a trucking association's federal preemption challenge to a California environmental regulation on diesel trucks. The regulation requires heavy-duty diesel trucks, whose emissions contribute...

Murray Energy Corp. v. McCarthy

A district court held that it has subject matter jurisdiction over a CAA §321(a) lawsuit against EPA for its alleged failure to evaluate the potential for job losses due to its CAA regulation and enforcement efforts. EPA filed a motion...

American Road & Transportation Builders Ass'n v. Environmental Protection Agency

The D.C. Circuit denied a road building association's petition for review challenging EPA's CAA §209(e) regulations, which preempt certain state regulation of nonroad engines. In general, §209(e) preemption reaches nationwide....

Louisiana Department of Environmental Quality v. United States Environmental Protection Agency

The Fifth Circuit held that it lacked jurisdiction to review petitions challenging EPA's objection to three CAA Title V permits issued by the Louisiana Department of Environmental Quality for a proposed ironmaking facility. The state...