On Monday, the United States District Court for the District of Columbia issued an opinion in Sierra Club v. Jackson, No. 11-1278 (D.C.D.C. Jan. 9, 2012), that has much to chew on with respect to judicial review of agency actions, particular those involving stays.  For those not following this long-running saga, a brief background is in order. Read More »

Share | Email| Comments|  Topics: Administrative Procedures Act, Air, Boiler MACT, Cases to Watch, CISWI, Clean Air Act, Decisions of Note, Delay Notice, EPA, Federal Procedure, Procedure, Rulemaking

In light of the recent decisions in Wal-Mart v. Dukes, 131 S.Ct. 2541 (2011) and, thereafter, Gates v. Rohm & Hass Co., 655 F.3d 255 (3rd Cir. 2011), one might have wondered whether there would ever be another federal environmental tort class certified. Well, the wait is over as on October 12, 2011, just such occurred in the Western District of Kentucky. Read More »

Share | Email| Comments|  Topics: Air, Class Actions, Decisions of Note, Farming, Hog Barn, Kentucky, Nuisance, Odors, Toxic Torts, Trespass, Waste

On October 18, the Natural Resources Defense Council filed a lawsuit in California contending that particulate matter in diesel fuel combustion exhaust is a hazardous waste and therefore subject to the requirements of Resource Conservation and Recovery Act (RCRA).  If the Court agrees, then the world of environmental law and regulation is likely to be turned upside down. Read More »

Share | Email| Comments|  Topics: Air, Cancer, Cases to Watch, Combustion, Emissions, Railroad, RCRA, Waste

On October 12, 2011, in a lengthy opinion that concludes with recognizing plaintiffs’ frustration, Judge Terrence McVerry, of the Western District of Pennsylvania, granted defendants’ motions to dismiss all claims brought by governmental plaintiffs against current and former owners of a coal-fired power plant. In United States v. EME Homer City Generation L.P., et al., the U.S. and state intervenors (Pennsylvania, New Jersey and New York) alleged that defendants violated the federal Clean Air Act (“CAA”)’s PSD (prevention of significant deterioration) and Title V requirements. The crux of plaintiffs’ arguments was that defendants failed to obtain necessary permits, and that more stringent CAA emissions standards applied to projects at the power plant’s modified units to reduce SO2 emissions. Read More »

Share | Email| Comments|  Topics: Air, Clean Air Act, Decisions of Note, Permits, Statute of Limitations, Title V