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Particulates rule sent to OMB
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • June 3 2012

The Environmental Protection Agency told the U.S. District Court for the District of Columbia May 30 that the it sent a proposed rule that would set air pollution standards for particulate matter to the White House Office of Management and Budget May 29 for interagency review


OH BAT ruling
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • June 3 2012

The U.S. Court of Appeals for the Sixth Circuit ruled May 25 that a citizen suit to compel the Ohio Environmental Protection Agency to enforce a Clean Air Act requirement to limit pollution from new and modified sources is without legal standing


Judge orders particulate matter rule
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • June 3 2012

On May 31, the U.S. District Court for the District of Columbia gave the Environmental Protection Agency until June 7 to finalize a proposed rule setting air pollution standards for particulate matter, citing the lack of a reasonable explanation for the length of the rulemaking process


Ethanol survey
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • April 29 2012

According to the Renewable Fuels Association, Growth Energy, and the American Coalition for Ethanol, ethanol producers announced April 23 that they will fund a nationwide fuel survey of 160,000 gas stations, the last Environmental Protection Agency Requirement they face to move forward with E15 gasoline


Navistar case
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • May 20 2012

During oral arguments May 14, the U.S. Court of Appeals for the District of Columbia Circuit questioned the Environmental Protection Agency about why it did not provide for notice and comment on an interim final rule that allows Navistar Inc. to produce heavy-duty diesel engines that exceed nitrogen oxides limits if it pays nonconformance penalties


Federal appeals court rules against NRC on waste confidence rule
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • June 10 2012

In a case brought against the Nuclear Regulatory Commission by New York, Vermont, Connecticut, the Natural Resources Defense Council, the Southern Alliance for Clean Energy, Riverkeeper Inc., and the Blue Ridge Environmental Defense League, the U.S. Court of Appeals for the District of Columbia ruled on June 8 that the commission did not conduct a sufficiently thorough analysis of its rule determining that spent nuclear fuel could be safely stored at power plans for as long as 60 years beyond a reactor’s license


Cross-state rule defended
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • December 11 2011

The Environmental Protection Agency filed with the U.S. Court of Appeals for the District of Columbia Circuit a defense, saying that critics of the Cross-State Air Pollution Rule have grossly exaggerated claims that the regulation will require significant emissions reductions on January 1


Court rules with insurance company on GHG emissions claim
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • September 18 2011

On September 16, the Virginia Supreme Court ruled that Steadfast Insurance Co. had no duty to defend or cover AES Corp. in a lawsuit the company is fighting in Native Village of Kivalina, Alaska over damages from greenhouse gas emissions, because there was no “occurrence” under AES’s policy language


Heavy-duty truck standards challenged
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • November 13 2011

Delta Construction Co., Dalton Trucking Inc., Southern California Contractors Association, and California Dump Truck Owners Association filed a petition for review November 4 in the U.S. Court of Appeals for the District of Columbia Circuit challenging the first greenhouse gas emissions requirements for heavy-duty trucks


Court decision on cement rules
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • December 11 2011

On December 9, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the Environmental Protection Agency acted improperly when the agency failed to consider a separate rulemaking defining solid waste incinerators when the agency issued national emissions standards for hazardous air pollutants and source performance standards for cement kilns