Justia Environmental Law Opinion Summaries

Petitioners challenged the EPA's decision to stay implementation of portions of a final rule concerning methane and other greenhouse gas emissions. The DC Circuit held that, although absent a stay, it would have no authority to review the agency's decision to grant reconsideration, because EPA chose to impose a stay suspending the rule's compliance deadlines, the court must review its reconsideration decision to determine whether the stay was authorized under section 307(d)(7)(B) of the Clean Air Act (CAA), 42 U.S.C. 7607(d)(7)(B). The court also held that the 90-day stay was unauthorized by section 307(d)(7)(B) and was thus unreasonable. View "Clean Air Council v. Pruitt" on Justia Law

Conservation Groups filed a complaint in the district court under the citizen suit provision of the Endangered Species Act (ESA), 16 U.S.C. 1531 et seq., and a petition for review in the DC Circuit pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et seq. The court granted the Conservation Groups' petition, holding that FIFRA grants the court of appeals exclusive jurisdiction to review an ESA claim that is "inextricably intertwined" with a challenge to a pesticide registration order. Accordingly, the court remanded for further proceedings. View "Center for Biological Diversity v. EPA" on Justia Law

Millennium petitioned to compel the New York State Department of Environmental Conservation to act on Millennium's application for a water-quality certificate. The DC Circuit dismissed the petition for review, holding that, even if the Department has unlawfully delayed acting on Millennium's application, its inaction would operate as a waiver, enabling Millennium to bypass the Department and proceed to obtain approval from FERC. The court explained that the Department's delay caused Millennium no cognizable injury and thus Millennium lacked standing to proceed with its petition. View "Millennium Pipeline Co. v. Seggos" on Justia Law