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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


Biomass permitting delay defended
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • May 20 2012

The Environmental Protection Agency filed a brief in the U.S. Court of Appeals for the District of Columbia Circuit May 14 defending its decision to postpone greenhouse gas permitting for sources that burn biomass as art of its effort to phase in the permitting program beginning with the largest sources


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


New-build issues severed and expedited in MATS challenge
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • July 1 2012

June 28, the U.S. Court of Appeals for the District of Columbia Circuit granted White Stallion Energy Center LLC, Sunflower Electric Power Corp., Tri-State Generation and Transmission Association Inc., Power4Georgians LLC, Deseret Power Electric Cooperative, and Tenaska Trailblazer Partners LLC’s collective motion to sever issues specific to new coal-fired power plants from a host of other complaints covered under their suit challenging the Environmental Protection Agency's mercury and air toxics standards


Cement standard updates
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • July 1 2012

Responding to a December 2011 U.S. Court of Appeals for the District of Columbia Circuit ruling, the Environmental Protection Agency proposed changes June 25 to its 2010 air standards for the Portland cement manufacturing industry


Bird information sought
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • July 1 2012

The American Bird Conservancy filed a lawsuit against the U.S. Fish and Wildlife Service and the Bureau of Indian Affairs in the U.S. District Court for the District of Columbia June 26


Oral arguments on climate rules
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • March 4 2012

The U.S. Court of Appeals for the District of Columbia heard two days of oral arguments last week in lawsuits challenging the Environmental Protection Agency’s climate change regime


Aircraft lead regulation urged
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • March 11 2012

Friends of the Earth filed suit in the U.S. District Court for the District of Columbia March 7 to compel the Environmental Protection Agency to respond to a 2006 petition asking the agency to find that lead from general aviation aircraft endangers public health and the environment and should be regulated