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Judicial review

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...

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...

Hall v. Norton

The court affirms in part and reverses in part a district court grant of summary judgment in favor of the Bureau of Land Management (BLM) in a suit brought by an individual who alleged that a BLM transfer of federal lands in Nevada...

Public Serv. Co. of Colo. v. EPA

The court dismisses a power plants's motion to challenge the U.S. Environmental Protection Agency's (EPA's) determination that a proposed new plant, when combined with an existing plant, would constitute a single source of air emission...

California v. United States

The court holds that under the Clean Air Act (CAA), federal entities cannot remove to federal court state and local government actions to enforce air quality laws. A California air quality management district brought a suit against the...

United States v. Deaton

The court holds that developers' sidecasting of dredged spoil in a jurisdictional wetland constitutes the discharge of a pollutant under the Clean Water Act (CWA). The court first holds that the deposit of dredged or excavated material...

Solid Waste Agency of N. Cook County v. Corps of Eng'rs

The court holds that the U.S. Army Corps of Engineers has jurisdiction under the Migratory Bird Rule to require a consortium of municipalities to obtain a Federal Water Pollution Control Act (FWPCA) §404 permit before filling ponds and...

Driscoll v. Adams

The court holds a landowner liable under the Federal Water Pollution Control Act (FWPCA) for discharging polluted stormwater without a permit into a stream on his property that flows into ponds on his neighbors' property. The discharges...