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A panel of the U.S. Court of Appeals for the D.C. Circuit denied an industry petition that sought to compel the EPA to issue nationally uniform regulations to resolve differences created by inconsistent decisions by regional federal circuit courts. Generally, the panel found that the Clean Air Act (CAA) section the petitioners relied on to […]
On September 27, 10 justices of the U.S. Court of Appeals for the D.C. Circuit heard oral arguments from 16 attorneys divided over the legality of EPA’s Clean Power Plan (CPP). The hearing comprised a morning session that addressed whether authority for the EPA to promulgate the CCP exists in the Clean Air Act (CAA) […]
Two Clean Air Act (CAA) provisions governing deadlines for submission of state implementation plans (SIPs) to bring areas into attainment with the National Ambient Air Quality Standards (NAAQS) for particulate matter (PM) were at the core of a recent decision by a panel of the U.S. Court of Appeals for the D.C. Circuit.
In one of the more impressive displays of environmental law we have seen, a panel of the U.S. Court of Appeals for the D.C. Circuit ruled on approximately 30 consolidated challenges—about half filed by industry and half by environmental groups—to three EPA rules issued to control emissions of air toxics from combustion units. Industry struck […]
In response to an order from the U.S. Court of Appeals for the D.C. Circuit, the EPA has issued a direct final rule amending its regulations (April 17, 2015, FR) governing the disposal of coal combustion residuals (CCRs) as solid waste under Resource Conservation and Recovery Act (RCRA) Subtitle D. In the CCR rule, the […]