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Ass'n of Irritated Residents v. United States Environmental Protection Agency

A district court granted in part an environmental group's motion for summary judgment to compel EPA to act on its 2016 Plan for the 2008 eight-hour ozone NAAQS adopted by the San Joaquin Valley Air Pollution Control District and granted...

Natural Resources Defense Council v. Environmental Protection Agency

The D.C. Circuit denied environmental groups' petition to review a 2016 rule that EPA uses to determine whether an event caused by recurring activity is "exceptional" and thus exempt from a state's emissions report. The groups argued...

Delaware Department of Natural Resources & Environmental Control v. EPA

The D.C. Circuit denied Delaware's petition to review EPA's decision granting the Philadelphia area an extra year to comply with national ground-level ozone standards. Delaware argued that the Agency's extension violated the CAA because...

Sierra Club v. EPA

The D.C. Circuit denied petitions from industry groups challenging EPA's new kiln air emissions standards for brick and clay manufacturers, and largely granted petitions from environmental groups who argued the standards weren't strict...

Hill

The Ninth Circuit affirmed a district court's denial of a car owner's motion to intervene in DOJ's case against a German automaker to resolve alleged CAA violations. The owner argued that DOJ's settlement with the automaker violated...

New York v. Pruitt

A district court ordered EPA to issue federal implementation plans fully resolving interstate transport obligations under the CAA's "good neighbor" provision for the 2008 ozone NAAQS. EPA conceded that it missed the deadline to do so...

National Environmental Development Ass'n's Clean Air Project v. Environmental Protection Agency

The D.C. Circuit upheld amendments EPA made to its CAA regional consistency regulations that allow regional offices to act counter to national policies when ordered to do so by federal circuit courts. EPA issued the amended regulations...

Wyoming v. United States Bureau of Land Management

The Tenth Circuit refused to stay pending interlocutory appeal a lower court order staying BLM's waste prevention rule, which was issued to reduce the venting, flaring, and leaking of natural gas emissions during oil and gas production...

Prevention of Significant Deterioration: A Scalpel, Not an Axe

Does the United States need the Clean Air Act’s Prevention of Significant Deterioration (PSD) program to guard against degradation of air quality? In their recent Comment in these pages, John C. Evans and Donald van der Vaart say no,...

Community-in-Power & Development Ass'n v. Pruitt

A district court ordered EPA to promulgate revised CAA emission standards for nine industrial sectors by October 1, 2021. Environmental groups wanted the overdue rulemakings to be completed within two years, while the Agency requested...

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