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New source performance standards, §111

In re Murray Energy Corp.

The D.C. Circuit dismissed petitions for review challenging EPA's anticipated rule restricting carbon dioxide (CO2) emissions from existing power plants. On June 18, 2014, EPA proposed a rule to restrict CO2 emissions from existing coal...

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...

Nebraska v. United States Environmental Protection Agency

A district court dismissed Nebraska's lawsuit challenging EPA's proposed standards to limit carbon dioxide emissions from new or modified fossil fuel-fired electric utility generating units. As part of the proposed rule, EPA found that...

Utility Air Regulatory Group v. Environmental Protection Agency

The D.C. Circuit denied an electric utility association's petition for review challenging EPA's new source performance standards for steam generating units. The standards—issued via final rules in 2009 and again in 2012—exempt all units...

Pennsylvania v. Allegheny Energy Inc.

A district court rejected a group of mid-Atlantic states' claims that projects undertaken by an energy company at three of its coal-fired power plants in Pennsylvania violated the CAA's prevention of significant deterioration and new...

Diné Care v. United States Environmental Protection Agency

A district court dismissed Native American and environmental groups' CAA citizen suit asking the court to order EPA to issue a final rule that establishes best available retrofit technology (BART) for the Navajo Generating Station, a...

Medical Waste Institute v. Environmental Protection Agency

The D.C. Circuit denied medical waste trade associations' petition for review challenging EPA's performance...

Star Enter. v. EPA

The court holds that the U.S. Environmental Protection Agency (EPA) erroneously classified two stationary gas turbines in an electrical power complex as subject to regulation under the new source performance standards (NSPS) for...

Lignite Energy Council v. EPA

The court holds that the U.S. Environmental Protection Agency (EPA) did not exceed its discretion under §111 of the Clean Air Act (CAA) in promulgating new source performance standards (NSPS) for nitrogen oxide (NOx...

United States v. Smithfield Foods, Inc.

The court upholds a district court decision finding the owner and operator of two swine slaughtering and processing plants in Virginia liable for violating its national pollutant discharge elimination system (NPDES) permit and for...