Ninth Circuit Remands EPA’s Adoption of Final Rule Approving Revisions to the SIP Without Vacatur to Allow a Power Plant to be Constructed Without Delay

By Thomas Law Group on August 7, 2012 Posted in Uncategorized

In California Communities Against Toxics v. United States Environmental Protection Agency, (2012) 2012 U.S. App. Lexis 15428, the Ninth Circuit Court of Appeals invalidated the Environmental Protection Agency’s (EPA) approval of a revision to the California State Implementation Plan (SIP) without vacatur in order to permit a power plant to be constructed – but not … Continue Reading

The Sacketts will have their day in Court to Challenge an EPA Compliance Order

By Thomas Law Group on March 22, 2012 Posted in Uncategorized

In a unanimous decision, the U.S. Supreme Court overturned the lower courts’ ruling and held that Michael and Chantell Sackett, Petitioners, may bring a civil action under the Administrative Procedure Act (APA) to challenge the Environmental Protection Agency’s (EPA) issuance of an administrative compliance order for alleged violation of Section 309 of the Clean Water … Continue Reading

The Federal Clean Air Act Requires a State Implementation Plan to include Transportation Control Measures to Reduce Vehicle Miles Traveled in Severe Nonattainment Areas even where Plan Demonstrates Overall Mobile Source Emissions will Decrease

By Thomas Law Group on February 3, 2012 Posted in Uncategorized

In Ass’n of Irritated Residents v. United States EPA (9th Cir. 2012) 686 F.3d 668, the Ninth Circuit granted a petition challenging federal Environmental Protection Agency’s (EPA) decision to approve the 2003 SIP Revision on each of the three grounds alleged by the Petitioner. Specifically, Petitioner alleged (1)EPA’s failure to order California to submit a … Continue Reading