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CA fuel standard legal battle
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • January 8 2012

The California Air Resources Board, the Natural Resources Defense Council, Sierra Club, Environmental Defense Fund, and Conservation Law Foundation filed an appeal in the U.S. Court of Appeals for the Ninth Circuit January 5 to overturn a federal district court decision that temporarily blocked the state from implementing its low-carbon fuel standard


CA portable equipment ruling
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • January 8 2012

The California Court of Appeal, Third Appellate District ruled December 27 that the Sacramento Metropolitan Air Quality Management District has the authority to determine whether a statewide registration for portable equipment is valid, and if not, to require that the owner obtain a local permit


Cross-state rule delayed
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • January 8 2012

On December 30, the U.S. Court of Appeals for the District of Columbia temporarily blocked the Environmental Protection Agency’s Cross-State Air Pollution Rule, which was slated to go into effect January 1, leaving an existing air pollution reduction program in place for the next several months


EPA air quality standards to be finalized in June
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • January 22 2012

On January 17, the Environmental Protection Agency told the U.S. Court of Appeals for the District of Columbia Circuit it would propose revised air quality standards for particulate matter by June 2012 with a finalized version by June 2013, asking for more time to complete its own internal review


CSaPR litigation expedited
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • January 22 2012

The U.S. Court of Appeals for the District of Columbia Circuit ordered an expedited briefing schedule January 18 to litigate issues over the Cross-State Air Pollution Rule


Court decision does not impact boiler MACT sources
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • January 15 2012

The Environmental Protection Agency said January 12 that no sources will be affected by a U.S. District Court for the District of Columbia order vacating the agency’s decision to delay the date of the Boiler MACT rule


Biomass permit exemption challenged
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • August 21 2011

Georgia Forestwatch, Wild Virginia, the Center for Biological Diversity, Conservation Law Foundation, and Natural Resources Council of Maine filed a lawsuit August 15 in the U.S. Court of Appeals for the District of Columbia Circuit against the Environmental Protection Agency, challenging a rule that exempts facilities burning biomass from the requirement to obtain greenhouse gas emissions permits for three years


CA Supreme Court validates Clean Water Act use
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • August 21 2011

The California Supreme Court unanimously held August 15 that regulators did not violate the Clean Water Act by applying a cost-benefit standard to determine whether the Moss Landing Power Plant’s cooling water design reflected the best available technology to protect fish and other aquatic organisms


Cross-state rule challenged
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • October 16 2011

Power companies, states, municipalities, and industry groups filed another 23 lawsuits challenging the Environmental Protection Agency’s Cross-State Air Pollution Rule for power plants by the October 7 deadline


Cement kiln rule challenged
  • Mintz Levin Cohn Ferris Glovsky and Popeo PC
  • USA
  • October 16 2011

Portland Cement Association argued before the U.S. Court of Appeals for the District of Columbia Circuit October 11 that the Environmental Protection Agency improperly double counted cement kilns as sources subject to standards for both air toxics and solid waste combustion