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No GHG regs through ESA
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • October 24 2011

Judge Emmet Sullivan of the U.S. District Court for the District of Columbia Circuit said October 17 that the Department of Interior’s Fish and Wildlife Service may not use the Endangered Species Act to regulate greenhouse gas emissions


Oral arguments scheduled
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • January 29 2012

The U.S. Court of Appeals for the District of Columbia Circuit ordered January 20 that it will hear oral arguments April 13 in cases challenging the Environmental Protection Agency’s Cross-State Air Pollution Rule


Cross-state rule challenged
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • September 18 2011

Luminant Energy, the largest power generator in Texas, filed suit in the U.S. Court of Appeals for the District of Columbia Circuit challenging the Environmental Protection Agency’s final Cross-State Air Pollution Rule, and asking that the court invalidate the rule as it applies to Texas, seeking a stay of the rule while the lawsuit is pending


Truck makers challenge Navistar-specific rule
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • February 12 2012

On February 7 and 8, Mack Trucks Inc., Volvo Group North America LLC, Daimler Trucks North America LLC, and Detroit Diesel Corp. filed petitions for review in the U.S. Court of Appeals for the District of Columbia Circuit challenging the Environmental Protection Agency’s interim final rule that specifically allows Navistar Inc. to pay non-conformance penalties in order to continue producing heavy-duty, 2012 and 2013 model-year diesel engines that exceed nitrogen oxides limits


NM utility appeals retrofit mandate
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • September 25 2011

The Public Service Company of New Mexico filed a petition for review of an Environmental Protection Agency rule September 16 in the U.S. Court of Appeals for the Tenth Circuit


GHG arguments scheduled
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • November 6 2011

A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit scheduled last week oral arguments in three lawsuits challenging the Environmental Protection Agency’s greenhouse gas regulations for February 28 and 29


Mountaintop mine permit authority
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • March 25 2012

U.S. District Judge Amy Berman Jackson ruled March 23 that the Environmental Protection Agency exceeded its authority by revoking permits for what could now become West Virginia’s largest mountaintop removal mine


Different aspects of EPA cement kiln rules defended
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • July 31 2011

On July 22, in briefs filed in the U.S. Court of Appeals for the District of Columbia Circuit challenging EPA’s new cement kiln standards, environmental groups are defending the EPA’s air pollution standards, while industry is supporting the agency's decision not to require GHG controls


New Mexico Supreme Court upholds right of state board to decide emissions rule
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • July 31 2011

New Mexico’s Supreme Court upheld an appellate court decision on GHG emissions sending the case to the State Environmental Improvement Board for resolution rather than have it play out in state courts


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