Justin Schwab

Justin Schwab

BakerHostetler

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Tenth Circuit Rejects Constitutional Challenge to Colorado’s Renewable Energy Mandate

On July 13, the Tenth Circuit upheld Colorado’s renewable energy mandate against a claim that it impermissibly interferes with interstate commerce. This decision, addressing a state’s power to encourage or require the...more

7/20/2015 - Carbon Emissions Clean Power Plan Commerce Clause Comptroller of the Treasury v Wynne Electricity Energy Sector EPA Interstate Commerce Out-of-State Companies Power Plants Renewable Energy SCOTUS Utilities Sector

In Wake of Supreme Court Ruling, EPA Issues Direct Final Rule Allowing Rescission of Some Clean Air Act Permits

On May 7, the Environmental Protection Agency (EPA) published a direct final rule in the Federal Register. The rule allows for rescission of certain Prevention of Significant Deterioration (PSD) permits under the Clean Air...more

5/12/2015 - Clean Air Act EPA EPA v Utility Air Regulatory Group Final Rules Rescission SCOTUS

D.C. Circuit Upholds FERC Approval of Maryland Natural Gas Facility

On April 24, the D.C. Circuit issued its opinion in Myersville Citizens for a Rural Community v. FERC, upholding the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) approval of Dominion Transmission’s...more

4/30/2015 - Clean Air Act Due Process Energy Projects Energy Sector Environmental Assessments FERC Natural Gas NEPA Oil & Gas

D.C. Circuit Rejects Psychological Harm Theory in Deer-Culling Case

This Tuesday, the D.C. Circuit issued an opinion in No. 13-5136, Grunewald v. Jarvis, affirming the lower court’s decision that the National Park Service’s promulgation of the White-Tailed Deer Management Plan was lawful. At...more

1/23/2015 - Administrative Procedure Act Endangered Species National Park Service National Parks NEPA

District of Arizona Rethinks NEPA’s Zone of Interests in Light of Recent Supreme Court Opinion on “Prudential” Standing

On September 30, 2014, the United States District Court for the District of Arizona (Campbell, D.J.) issued an order in Yount v. Salazar, Nos. 11-8171 et al., 2014 WL 4904423 (D. Ariz. Sept. 30, 2014). As part of this order,...more

10/6/2014 - Mining National Parks NEPA Zone of Interests

Seventh Circuit Holds Federal Agencies Can Be Sued for Public Nuisance, But Affirms Dismissal of Claim

On July 14, 2014, the Seventh Circuit decided Michigan et al. v. U.S. Army Corps of Engineers et al. (Wood, C.J., writing for a unanimous panel). While the court ultimately affirmed dismissal of the underlying action, the...more

7/17/2014 - Administrative Procedure Act Governmental Liability Liability Nuisance Public Nuisance US Army Corps of Engineers

EPA Will Consider Whether To Propose Ultrafine Particle Air Quality Standard

Recent comments by EPA officials suggest that the agency will consider whether it should, for the first time, set a standard for “ultrafine” particles when it reviews its particulate matter national ambient air quality...more

4/17/2014 - Air Pollution Air Quality Standards Clean Air Act EPA

Ninth Circuit Denies Rehearing in Clean Air Act Greenhouse Gas Case

As we discussed in an earlier post, in October 2013 the Ninth Circuit held in Washington Environmental Council v. Bellon, 732 F.3d 1131, that it lacked jurisdiction to hear certain environmental organizations’ challenge to...more

2/19/2014 - Carbon Emissions Clean Air Act Greenhouse Gas Emissions

D.C. Circuit Grants Rehearing in Clean Air Act Case

On December 11, a D.C. Circuit panel (Tatel, Brown, Griffith) granted in part environmental and state petitions for rehearing in Mississippi v. EPA (Nos. 08-1200 et al.), revising key language describing the court’s review of...more

1/13/2014 - Air Pollution Clean Air Act Environmental Policies EPA NAAQS Pollution Control

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