Justia Environmental Law Opinion Summaries

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

This case arose when some Ecuadorian citizens sued Chevron in an Ecuador court, alleging that Chevron was responsible for environmental damage there. As the proceedings in Ecuador unfolded, Chevron sued the Ecuadorian plaintiffs and their attorneys in the U.S. District Court for the Southern District of New York, claiming that the Ecuadorian plaintiffs and their attorneys had committed fraud in the proceedings in Ecuador. As part of the New York litigation, Chevron subpoenaed documents from the Weinberg Group and the subpoena was issued from the U.S. District Court for the District of Columbia. The Weinberg Group asserted the attorney-client and work product privileges over some of the documents responsive to the subpoena. Chevron moved to compel production of those documents in the D.C. district court. The D.C. district court found that the crime-fraud exception applied and granted Chevron's motion to compel, relying almost entirely on a decision in favor of Chevron by the New York district court in the underlying fraud investigation. The court concluded that, given that the D.C. district court relied on the decision of the New York district court and that the New York district court's decision was subsequently reversed by the Second Circuit, the court must vacate the D.C. district court's decision and remand. View "Chevron Corp. v. Weinberg Group" on Justia Law

Petitioners petitioned the court for review of the Commission's rulemaking regarding temporary storage of permanent disposal of nuclear waste. The court held that the rulemaking issue constituted a major federal action necessitating either an environmental impact statement or a finding of no significant environmental impact. The court further held that the Commission's evaluation of the risks of spent nuclear fuel was deficient in two specified ways. Accordingly, the court granted the petitions for review, vacated the Commission's orders, and remanded for further proceedings. View "State of New York v. NRC" on Justia Law

API petitioned for review of a 2008 EPA regulation deregulating many "hazardous secondary materials" under the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-6992k. After the parties completed briefing, the EPA issued a notice of proposed rulemaking that, if made final, would significantly amend the EPA's 2008 decision. As a result, the court deemed this controversy unripe as a prudential matter and ordered the case held in abeyance, subject to regular reports on the status of the proposed rulemaking. View "American Petroleum Institute v. EPA" on Justia Law

Noble Energy and other lessees sued in the Court of Federal Claims, alleging that application of the Coastal Zone Management Act, 16 U.S.C. 1451-1464, suspension requests constituted a material breach of their lease agreements to drill for, develop, and produce oil and natural gas on submerged lands off the coast of California. The Court of Federal Claims agreed; on appeal the Federal Circuit affirmed. One year after the Federal Circuit's decision in the breach-of-contract litigation, the Minerals Management Service (MMS), sent a letter to Noble ordering it to plug and abandon Well 320-2 permanently. The district court ruled that the common law doctrine of discharge did not relieve Noble of the regulatory obligation to plug its well permanently, an obligation that the lease did not itself create. Resolution of the dispute depended on what the plugging regulations meant. The court held that it was up to MMS's successor to interpret its regulation in the first instance and to determine whether they apply in situations like Noble's. If they do, the agency must explain why. Therefore, the court vacated the judgment and sent the case back to the district court with instructions to vacate Interior's order and to remand to the Secretary for further proceedings. View "Noble Energy, Inc. v. Salazar, et al." on Justia Law

Petitioners sought partial vacation of a final rule designating certain areas of nonattainment for the 2006 24-hour fine particulate matter standard. Petitioners challenged the inclusion of parts of Tooele and Box Elder Counties within the Salt Lake City nonattainment area. The EPA concluded that emissions from eastern portions of both Box Elder County and Tooele County contributed to nearby violations of the 24-hour fine particulate matter. Because EPA's nine-factor test was intended to be applied on a case-by-case basis to account for diverse considerations, including the varying effects of local topography and meteorology on the 24-hour fine particulate matter dispersion, and EPA reasonably explained its designations, the court denied the petition for review. View "ATK Launch Systems, Inc. v. EPA" on Justia Law