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American Fuel & Petroleum Manufacturers v. Environmental Protection Agency

The D.C. Circuit vacated in part EPA's 2019 rule lifting seasonal restrictions on the sale of higher-ethanol fuel. Petroleum industry groups challenged a specific section of the rule, in which EPA announced a new interpretation of when...

State ex rel. Yost v. Volkswagen Aktiengesellschaft

The Ohio Supreme Court affirmed an appellate court ruling in a lawsuit concerning Volkswagen’s efforts to cheat U.S. diesel emissions tests. Ohio sued the company, arguing its post-sale tampering with emissions control systems violated...

Clean Air Council v. United States Steel Corp.

The Third Circuit affirmed dismissal of a lawsuit concerning reporting requirements for emissions following fires at a steel facility near Pittsburgh. An environmental group argued the facility operator should have reported the...

Voigt v. Coyote Creek Mining Co., LLC

The Eighth Circuit affirmed, 2-1, summary judgment for a mining company in a lawsuit concerning the company's operation of a coal mine in North Dakota. Owners of an adjacent ranch argued the company violated the CAA by failing to obtain...

Sierra Club v. BP Products North America Inc.

A district court adopted a magistrate judge's recommendation and granted an environmental group's motion for partial summary judgment in a lawsuit concerning particulate matter emissions violations at an oil refinery in Indiana. The...

New Jersey v. Environmental Protection Agency

The D.C. Circuit denied, 2-1, New Jersey's challenge to a rule promulgated by EPA on remand concerning the CAA's new source review (NSR) program. The state argued that EPA inadequately considered concerns stemming from the predictive...

Sierra Club v. Environmental Protection Agency

The D.C. Circuit vacated three provisions of EPA's 2018 rule implementing NAAQS for ozone. Environmental groups challenged four provisions of the rule: the interprecursor trading program, a provision allowing states to demonstrate...

American Lung Ass'n v. Environmental Protection Agency

The D.C. Circuit vacated EPA's Affordable Clean Energy Rule that repealed and replaced the Clean Power Plan as a means of regulating power plants' greenhouse gas emissions. A group of public health petitioners sought review of the rule'...

Texas v. United States Environmental Protection Agency

The Fifth Circuit denied petitions to review EPA's 2018 redesignation of Bexar County, Texas, from attainment to nonattainment and designation of three neighboring counties as attainment/unclassifiable for 2015 ozone NAAQS. Texas argued...

Voigt v. Coyote Creek Mining Co., LLC

The Eighth Circuit affirmed, 2-1, a ruling in favor of a mining company in a challenge to the company's failure to obtain a CAA construction permit for a mine in rural North Dakota. The owners of an adjacent ranch argued that the...

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