Justia U.S. D.C. Circuit Court of Appeals Opinion Summaries

Sierra Club challenged a determination of the EPA, which announced that it had met the regulatory obligations imposed on it by section 112(c)(6) of the Clean Air Act (CAA), 42 U.S.C. 7412(c)(6). The court concluded that the determination was a legislative rulemaking subject to the notice-and-comment provisions of the Administrative Procedure Act, 5 U.S.C. 553. Because the EPA issued the determination without providing notice and opportunity for comment, the court vacated and remanded for the agency to follow those procedures. View "Sierra Club v. EPA, et al" on Justia Law

This appeal stemmed from a petition to review the EPA's August 2011 implementation of the statutory good neighbor requirement, the Transport Rule, also known as the Cross-State Air Pollution Rule, which defined emissions reduction responsibilities for 28 upwind States based on those States' contributions to downwind States' air quality problems. The court held that the Transport Rule exceeded the EPA's statutory authority (1) by using the good neighbor provision to impose massive emissions reduction requirements on upwind States without regard to the limits imposed by the statutory text and (2) by departing from its consistent prior approach to implementing the good neighbor provision and violating the Clean Air Act, 42 U.S.C. 7401 et seq., because it did not allow the States the initial opportunity to implement the required reductions with respect to sources within their borders. View "EME Homer City Generation, L.P v. EPA" on Justia Law

The Fish and Wildlife Services, an agency in the Department of the Interior, removed the West Virginia Northern Flying Squirrel from the list of endangered species. Friends of Blackwater filed a complaint in the district court claiming (1) promulgation of the delisting rule violated the Endangered Species Act by ignoring the objective, measurable criteria in the Recovery Plan and (2) the Rule itself was arbitrary and capricious. The district court entered summary judgment for the plaintiff on the ground that the Service violated the Act by removing the squirrel from the list of endangered species when several criteria in the agency's Recovery Plan for the species had not been satisfied. The D.C. Circuit Court of Appeals reversed, holding (1) the district court erred by interpreting the Recovery Plan as binding the Secretary of the Interior in his delisting decision; and (2) the Service's action was not arbitrary, capricious, and contrary to law. View "Friends of Blackwater v. Salazar" on Justia Law

Several states and state regulatory agencies, together with corporations and industrial associations, petitioned for review of the EPA's rule entitled "Primary National Ambient Air Quality Standard for Sulfur Dioxide" and of the subsequent denial of petitions for reconsideration of the standard. Petitioners contended (1) the EPA failed to follow notice-and-comment rulemaking procedures, and (2) the agency arbitrarily set the maximum sulfur dioxide concentration at a level lower than statutorily authorized. The D.C. Circuit Court of Appeal dismissed the petitions in part and denied them in part, holding (1) the challenge to the rulemaking procedure was not within the Court's jurisdiction and must be dismissed; and (2) the EPA did not act arbitrarily in setting the level of sulfur dioxide emissions and therefore, the Court denied that portion of the petitions for review. View "Nat'l Envtl. Dev. Ass'n's Clean Air Project v. EPA" on Justia Law

In an earlier decision in this case, the D.C. Circuit Court of Appeals held that Movants, a group of Native American tribes and tribal associations who intervened on behalf of petitioners in the underlying Clean Air Act litigation, were entitled to fees and costs under section 307(f) of the Act. When the parties were unable to agree on the amount of fees, Movants filed an updated motion seeking $369,027, including compensation for 1,181 hours of work and for costs. The EPA held that the fee request was excessive. The D.C. Circuit agreed and awarded Movants $108,609 in compensation for attorney time and $3,186 in costs, holding that Movants reasonably expended 356 hours on the litigation. View "New Jersey v. EPA" on Justia Law

The National Chicken Council, National Meat Association, and National Turkey Federation petitioned for review of EPA's interpretation of a provision in the Energy Independence and Security Act of 2007. The EPA interpreted the provision to mean that certain ethanol plants fired with natural gas and/or biomass were deemed to be in compliance with a reduction requirement indefinitely rather than for a certain period. Petitioners argued that by permitting qualifying ethanol plants to generate Renewable Identification Numberss indefinitely without having to ensure their ethanol met the emissions-reduction requirement, the ethanol plants would produce more ethanol, which would lead to an increase in the demand for corn, which would lead to an increase in the price of corn. The D.C. Circuit Court of Appeals dismissed Petitioner's petition for review for lack of standing, as Petitioners failed to show that a favorable ruling would redress their claimed injuries. View "Nat'l Chicken Council v. EPA " on Justia Law

In 2010, the EPA promulgated a final rule adopting a new, one-hour primary national ambient air quality standard (NAAQS) for nitrogen dioxide (NO2). The American Petroleum Institute, the Utility Air Regulatory Group, and the Interstate Natural Gas Association of America (collectively the API) petitioned for review of that rule, claiming the EPA, in adopting the NAAQS, was arbitrary and capricious and violated the Clean Air Act. The API also challenged a statement in the preamble to the final rule regarding the EPA's intended implementation of the NAAQS. The D.C. Circuit Court of Appeals (1) denied the petitions insofar as they challenged the EPA's adoption of the NAAQS, holding that the EPA's adoption of the NAAQS for NO2 was neither arbitrary or capricious nor in violation of the Clean Air Act; and (2) dismissed the portions of the petitions challenging the EPA's non-final statement regarding permitting in the preamble to the Final Rule, holding that it did not have jurisdiction to consider those portions of the petitions. View "Am. Petroleum Inst. v. EPA" on Justia Law

Following the Supreme Court's decision in Massachusetts v. EPA, the EPA promulgated a series of greenhouse gas-related rules: (1) an Endangerment Finding, in which the EPA determined that greenhouse gases may "reasonably be anticipated to endanger public health or welfare"; (2) the Tailpipe Rule, which set emission standards for cars and light trucks; and (3) the Timing and Tailoring Rules, in which the EPA determined that only the largest stationary sources would initially be subject to the requirements for major stationary sources of greenhouse gases to obtain construction and operating permits. Petitioners, various states and industry groups, challenged all these rules. The D.C. Circuit Court of Appeals dismissed for lack of jurisdiction all petitions for review of the Timing and Tailoring Rules and denied the remainder of the petitions, holding (1) the Endangerment Finding and Tailpipe Rule are neither arbitrary nor capricious; (2) EPA's interpretation of the governing Clean Air Act provisions is unambiguously correct; and (3) no Petitioner has standing to challenge the Timing and Tailoring Rules. View "Coalition for Responsible Regulation, Inc. v. EPA" on Justia Law

This case was a part of a long-running and sprawling international litigation battle in which various indigenous Ecuadorian groups claimed that Chevron Corporation was liable for environmental harm caused in the Amazon over three decades. Patton Boggs LLP represented the plaintiffs and wished to continued to do so. The district court denied Patton Boggs both a declaratory judgment that it could not be disqualified from that representation and leave to amend its complaint with claims that Chevron and its counsel tortiously interfered with the firm's contract with its clients. The Fifth Circuit Court of Appeals affirmed the district court, holding that the court did not abuse its discretion (1) by failing to exercise jurisdiction and take up the request for a declaratory judgment; (2) in denying Patton Boggs' request to amend the complaint; and (3) by dismissing Patton Boggs' new complaint for failure to state a claim upon which relief could be granted. View "Patton Boggs, LLP v. Chevron Corp." on Justia Law

In 2008, the EPA issued a rule regulating renovation and remodeling activities that create health hazards arising from lead paint. The rule contained an "opt-out" provision, which exempted owner-occupied housing from the rule's requirements if the homeowner certified that no pregnant women or young children lived there. In 2010, EPA amended the rule to eliminate the opt-out provision. The National Association of Home Builders and other trade associations petitioned for review of the amended rule, arguing (1) the decision to abandon the opt-out provision was arbitrary and capricious, in violation of the APA; and (2) EPA failed to convene a panel of representatives of small businesses before issuing the new rule, in violation of the Regulatory Flexibility Act. The D.C. Circuit Court of Appeals denied the petition for review, holding (1) EPA's decision was not arbitrary or capricious; and (2) the Court lacked jurisdiction to entertain the petitioners' second challenge. View "Nat'l Ass'n of Home Builders v. EPA " on Justia Law