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Federal Government Urges Supreme Court Dismissal Of Carbon Dioxide Lawsuits

WASHINGTON, D.C. - (Mealey's) The federal government on Aug. 25 asked the U.S. Supreme Court to vacate a lower court decision to reinstate two lawsuits seeking to limit carbon dioxide emissions, arguing that new greenhouse gas regulations have displaced public nuisance cause of actions ( American...

NRDC challenge to EPA approval of California CAA SIP fails

California submitted a Clean Air Act State Implementation Plan to the EPA for approval. Pursuant to the "conformity rule" under 40 C.F.R. Section 93.118, the EPA conducted a review to determine whether the SIP's motor vehicle emissions budgets were adequate for transportation conformity...

Fourth Circuit holds that attorney's fees provision of Clean Air Act requires only a modicum of success on claims

Applications for attorney's fees are often very contentious. In addressing the language regarding such fees contained in the Clean Air Act, the Fourth Circuit affirmed a broad interpretation of the fee provision. Defendant Duke Energy sought to construct a 800-MW, coal-fired generator (known as...

Let a thousand lawsuits bloom: The CAA is this week's favorite target

As noted in prior posts, EPA has proposed national standards for mercury and other toxic pollutant emissions from power plants. See http://www.epa.gov/airquality/powerplanttoxics/ . Now Guam and 25 states have filed a challenge to the regulations. The EPA is under court order to finalize the so-called...