News & Analysis as of

Environmental Claims Clean Air Act

Skadden, Arps, Slate, Meagher & Flom LLP

The Evolving Climates in the US and UK for Environmental Damage Claims

The November 2022 United Nations Framework Convention on Climate Change (COP27) spotlighted the political and diplomatic challenges of compensating damages caused by climate change. At the same time, fundamental questions...more

Troutman Pepper

State Laws Provide New Pathways for Environmental Justice Claims

Troutman Pepper on

Environmental justice moved to the forefront of sociopolitical discussions in the country in 2020, receiving increased attention from politicians, community groups, and environmental agencies. Although this concept is not...more

Pillsbury Winthrop Shaw Pittman LLP

Extreme Weather Fuels Increasing Trend of New Climate Change Litigation

As federal efforts to roll back environmental regulations from the Obama era continue, environmental groups have been increasingly filing lawsuits against industry alleging damages related to climate change impacts, using the...more

Foley Hoag LLP - Environmental Law

The States Lose Another NSR (and NSPS) Enforcement Case: I Think I Detect A Trend

As I have previously noted, the government’s record in NSR enforcement cases has been going downhill, particularly with important defeats before the 3rd and 7th Circuits’ Courts of Appeals. The latest governmental defeat...more

Nossaman LLP

Ninth Circuit Denies Rehearing of Clean Air Act Suit and War of Words Ensues

Nossaman LLP on

On February 3, 2014, the United States Court of Appeals for the Ninth Circuit declined to rehear en banc a decision handed down last October by a three-judge panel, thereby leaving in place a decision that could significantly...more

Katten Muchin Rosenman LLP

U.S. Supreme Court Briefing of Greenhouse Gas Cases Underway Oral Argument Scheduled for February 24, 2014

Briefing before the U.S. Supreme Court is currently underway in a matter involving challenges to the suite of greenhouse gas (GHG) cases decided by the U.S. Court of Appeals for the District of Columbia Circuit in December...more

Cozen O'Connor

Third Circuit Dismisses NSR Action Against Coal Plant, Affirms Limits of Clean Air Act Liability

Cozen O'Connor on

On August 21, 2013, the U.S. Court of Appeals for the 3rd Circuit roundly dismissed an enforcement action brought under the federal Clean Air Act (CAA or the Act) by the U.S. Environmental Protection Agency (EPA) and several...more

Foley Hoag LLP - Environmental Law

Section 126 of the Clean Air Act and Cooperative Federalism: EPA May Cooperate with the Downwind State Rather than the Upwind...

On Friday, in GenOn REMA v. EPA, the 3rd Circuit Court of Appeals ruled that, in response to a petition from a downwind state under § 126 of the Clean Air Act, EPA may issue a rule imposing emission limits on a source in the...more

King & Spalding

REGULATORY: Environmental: U.S. Supreme Court Agrees to Review Interstate Air Pollution Rules

King & Spalding on

The U.S. Supreme Court will give the Environmental Protection Agency another chance to justify its rule targeting interstate air pollution. On June 24, 2013, the Court agreed to take up this issue by reviewing a case from the...more

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