The Third Circuit held that the CAA does not preempt state law tort claims brought by private property owners against a source of pollution located within the state. The case arose after a group…

The D.C. Circuit remanded EPA's "maximum achievable control technology" (MACT) standards for sewage sludge incinerators under CAA §129. The court upheld EPA's authority to…

The Ninth Circuit upheld the dismissal of an environmental group's challenge to a CAA permit that allows an oil company to conduct "pollutant emitting activities" associated with a…

The D.C. Circuit denied petitions challenging EPA's revised NESHAPs for primary lead processing operations. Despite petitioners' argument to the contrary, EPA's use of the lead…

The D.C. Circuit denied states' and industry groups' petitions challenging EPA rules establishing CAA permitting requirements in states that do not have implementation plans for…

The Tenth Circuit affirmed an EPA order denying an environmental group's petition to object to a CAA Title V operating permit for a coal-fired power station in Colorado. In its petition for…

The D.C. Circuit remanded for reconsideration EPA's revisions to the secondary, welfare-based NAAQS for ozone, but denied petitions challenging revisions to the primary, health-based ozone…

The Tenth Circuit upheld an EPA rule in which it rejected Oklahoma's regional haze plan to limit sulfur dioxide emissions at electric utility power plants and replaced it with its own more…

The Third Circuit upheld an EPA rule imposing sulfur dioxide (S02) limits on a coal-fired power plant in Pennsylvania whose emissions travel directly across a river into areas of New Jersey. The…

The Seventh Circuit held that the statute of limitations bars EPA's and Illinois' CAA suit against a power company for failing to obtain preconstruction permits and to use best available…