News & Analysis as of

Environmental Protection Agency (EPA) Arbitrary and Capricious

Cozen O'Connor

Ohio and Kansas AGs Seek Stay of EPA Air Quality Rule by the Supreme Court

Cozen O'Connor on

Ohio AG Dave Yost and Kansas AG Kris Kobach have completed briefing on their emergency application with the U.S. Supreme Court to stay the EPA’s “Reconsideration of the National Ambient Air Quality Standards for Particulate...more

Nossaman LLP

Supreme Court Clarifies Requirement for Agencies to Respond to Public Comments on Proposed Rulemakings

Nossaman LLP on

The week of June 23, 2024, in Ohio v. Environmental Protection Agency, the U.S. Supreme Court clarified in a 5-4 decision that if a federal agency fails to provide a reasoned response to comments raised during the rulemaking...more

Cozen O'Connor

Republican AGs Seek Vacate of EPA Air Quality Rule

Cozen O'Connor on

A coalition of 24 Republican AGs, co-led by West Virginia AG Patrick Morrisey and Kentucky AG Russell Coleman, has filed a petition for judicial review with the U.S. Court of Appeals for the D.C. Circuit challenging a new air...more

(ACOEL) | American College of Environmental...

Thirteen Years Later, D.C. Circuit Says “Reasonable Possibility” Provision of NSR Rule Is Good Enough

On March 5, the U.S. Court of Appeals for the D.C. Circuit denied a challenge to a more than decade-old EPA rule related to the records that source owners must keep in order to support claims that certain of their activities...more

Foley Hoag LLP - Environmental Law

EPA Must Have A Rationale to Survive Arbitrary and Capricious Review

Last week, the 3rd Circuit Court of Appeals vacated EPA’s approval of Pennsylvania’s SIP for attaining the 2008 NAAQS for NOx. Specifically, the Court found that EPA’s approval was arbitrary and capricious with respect to...more

Perkins Coie

Washington Supreme Court Invalidates Indirect Emitter Portions of the Clean Air Rule

Perkins Coie on

In a split decision issued on January 16, the Washington State Supreme Court ruled that the Department of Ecology (Ecology) lacks authority under the state’s Clean Air Act (the act) to cap greenhouse gas emissions from...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Action/Clean Water Act: Environmental Group Alleges Failure by U.S. Environmental Protection Agency to Address State...

Northwest Environmental Advocates (“NEA”) filed a September 26th Clean Water Act Citizen Suit Action in United States District Court alleging that the United States Environmental Protection Agency’s (“EPA”) 2016 approval of...more

Foley Hoag LLP - Environmental Law

Can You Say “Pyrrhic Victory”?

In 2008, EPA issued an administrative order to Chantell and Michael Sackett, requiring them to remove what EPA had concluded was illegally placed fill on their property in Northern Idaho. Litigation followed, including a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Coal Combustion Residuals/Approval of Oklahoma Program: Federal Appellate Court Addresses Motions to Intervene in Judicial...

The United States District Court for the District of Columbia (“Court”) issued a January 29th Memorandum Opinion addressing three motions to intervene as defendants in a pending challenge to the United States Environmental...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Commercial/Industrial/Institutional ("CII") Stormwater Sources: Federal Court Addresses Whether NPDES Permitting is Required

A United States District Court (Central District of California) (“Court”) addressed in an August 9th opinion an issue involving the application of the Clean Water Act National Pollution Discharge Elimination System (“NPDES”)...more

Downey Brand LLP

U.S. District Court Holds USEPA Must Regulate Previously Exempted Stormwater Runoff from Specified Commercial, Industrial, and...

Downey Brand LLP on

On August 9, 2018, the United States District Court for the Central District of California held that the United States Environmental Protection Agency (USEPA) is required to more specifically regulate certain types of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Exceptional Events/Clean Air Act: Federal Appellate Court Addresses Challenge to Approval of Colorado SIP

The Tenth Circuit Court of Appeals (“10th Circuit”) addressed in a July 24th opinion a challenge to the United States Environmental Protection Agency (“EPA”)approval of a Colorado State Implementation Plan (“SIP”). See...more

Foley Hoag LLP - Environmental Law

Just How Arbitrary Does EPA Have to Be to Be Arbitrary and Capricious?

Last Friday, May 18, 2018, the D.C. Circuit Court of Appeals vacated EPA’s rule adding the West Vermont Drinking Water Contamination Site to the National Priorities List, finding EPA’s decision to be arbitrary and capricious...more

Foley & Lardner LLP

California-led Coalition Files Suit to Prevent Rollback of Vehicle Emission Standards

Foley & Lardner LLP on

A coalition of states has opened a new front in the ongoing battles between the Trump Administration’s efforts to streamline regulations applicable to industry and the interests favoring additional regulation. In response to...more

Foley Hoag LLP - Environmental Law

The Arbitrary and Capricious Standard Remains in the Eye of the Beholder

In a very interesting – and extremely rare – case, Emhart Industries has successfully defended itself against a unilateral administrative order issued by EPA under CERCLA, on the ground that key decisions made by EPA were...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. EPA Environmental Appeals Board Petition for Review: Land & Cattle Company August 22nd Challenge to New Mexico City/Village's...

The Rio Hondo Land & Cattle Company (“Rio Hondo”) filed an August 22nd Petition for Review (“Petition”) before the United States Environmental Protection Agency Environmental Appeals Board challenging certain terms and...more

Foley Hoag LLP - Environmental Law

CSAPR > BART: The Eighth Circuit Affirms Minnesota’s Regional Haze Plan

Environmental lawyers live for acronyms. Why is CSAPR > BART? Because EPA determined that, on net, EPA’s Transport Rule is “better than BART,” meaning that compliance with the Transport Rule yields greater progress towards...more

Foley Hoag LLP - Environmental Law

In Cooperative Federalism, Who Gets Deference, EPA or the States? Can you say “Federal Supremacy”?

Earlier this week, the 9th Circuit denied Arizona’s challenge to EPA’s decision to reject Arizona’s SIP addressing regional haze requirements and instead promulgate its own federal implementation plan. The decision has a...more

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