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Court of appeals jurisdiction, §307(b)

Sierra Club v. Environmental Protection Agency

The D.C. Circuit dismissed a petition to review EPA's order denying an environmental group's objection to renewal of a Title V operating permit for a power plant in Utah. The group objected that the renewal permit incorporated...

Sierra Club de Puerto Rico v. Environmental Protection Agency

The D.C. Circuit dismissed environmental groups' lawsuit seeking to vacate an EPA rule that implements the CAA's new source review (NSR) permitting scheme in nonattainment areas. The groups filed suit after EPA issued an energy company...

Dalton Trucking, Inc. v. United States Environmental Protection Agency

The D.C. Circuit dismissed petitions challenging EPA's authorization of California regulations intended to reduce emissions of particulate matter and oxides of nitrogen from in-use nonroad diesel engines, ruling that venue was improper...

Owner-Operator Independent Drivers Ass'n v. Environmental Protection Agency

The D.C. Circuit dismissed a truck association's lawsuit against EPA challenging California's tractor-trailer emission rules. The association argued that the state regulations impermissibly discriminate against out-of-state tractor...

California Dump Truck Owners Ass'n v. Nichols

The Ninth Circuit upheld the dismissal of a trucking association's federal preemption challenge to a California environmental regulation on diesel trucks. The regulation requires heavy-duty diesel trucks, whose emissions contribute...

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....

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...

The Court, the Clean Water Act, and the Constitution: SWANCC and Beyond

Environmentalists are no strangers to disappointment in the U.S. Supreme Court, but the recent case of Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC)1 is...

Navigating Federalism: The Missing Statutory Analysis in Solid Waste Agency

For the last several years, federal circuit courts1 have debated the exact jurisdictional scope of § 404 of the Clean Water Act (CWA),2 which authorizes the Secretary of the U.S....

Federal Environmental Regulation in a Post-Lopez World: Some Questions and Answers

In the span of just a few years, the U.S. Supreme Court has brought the venerable constitutional concept of federalism back to life with a vengeance. In the 1999 Term alone, the Rehnquist Court struck down three federal laws for...