Jump to Navigation
Jump to Content

Enforcement, §113

Environment Texas Citizens Lobby v. ExxonMobil Corp.

The Fifth Circuit vacated and remanded a lower court decision that imposed no penalties against an oil company for alleged CAA permit violations at its industrial complex in Baytown, Texas. An environmental group filed a CAA citizen...

United States v. Gunselman

The Fifth Circuit upheld an individual's sentence and conviction for wire fraud, money laundering, and CAA violations for selling false renewable fuel credits. The individual represented to EPA and to fuel companies seeking to purchase...

Sierra Club v. Oklahoma Gas & Electric Co.

The Tenth Circuit dismissed an environmental group's citizen suit against an Oklahoma power company for CAA violations at a power plant. The group claimed the company modified a coal-fired boiler without first obtaining an emission-...

United States v. Citgo Petroleum Corp.

The Fifth Circuit reversed an oil company's convictions for violating the CAA and Migratory Bird Treaty Act (MBTA) in connection with its wastewater treatment system at its Corpus Christi refinery. The company was convicted for...

Environment Texas Citizen Lobby, Inc. v. ExxonMobil Corp.

A district court dismissed individuals' CAA citizen suit against an oil company for emission violations at the company's refinery, olefins plant, and chemical plant in Baytown, Texas. It is undisputed the company violated some emission...

Luminant Generation Co. v. United States Environmental Protection Agency

The Fifth Circuit held that notices of violations EPA sent to two power plant operators for alleged CAA violations were not "final agency action" and, hence, not subject to judicial review. In the notices, EPA claimed that the operators...

United States v. EME Homer City Generation L.P.

A district court dismissed the U.S. government's lawsuit against the current and former owners of a coal-fired power plant in Indiana County, Pennsylvania, for alleged CAA violations. The government alleged that the former owners...

Sierra Club v. Khanjee Holding (US) Inc.

The Seventh Circuit upheld a $100,000 penalty assessment against three power plant developers for PSD permit violations at a proposed coal-fired power plant site. The court previously held that the developers' PSD permit expired because...

After <i>Tennessee Valley Authority v. Whitman</i>: Should Courts Be More Receptive to Preenforcement Review of EPA Administrative Orders?

Editors' Summary: Administrative orders are one of the most potent enforcement mechanisms that EPA has at its disposal. Yet the vast majority of courts, under a variety of federal environmental statutes, has held that there is no...

Federal Oversight Vs. State Discretion: EPA's Authority to Reject State Permitting Authorities' BACT Determinations Under the CAA's Prevention of Significant Deterioration Program: <i>Alaska Department of Environmental Conservation v. EPA</i>

In Alaska Department of Environmental Conservation (ADEC) v. U.S. Environmental Protection Agency, the U.S. Supreme Court narrowly upheld orders issued by the U.S. Environmental Protection Agency (EPA) pursuant to §§113(a)(5) and 167 of...