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District Court Holds That Breathing Polluted Air Without Concrete Injury Traceable To Defendant Does Not Confer Standing Under The Clean Air Act

MGKF Law

Academy Bus , a Massachusetts District Court held that the members of the Conservation Law Foundation (the “Foundation”) lacked standing to challenge the idling of buses under the Clean Air Act (“CAA”). Conservation Law Found. Express , LLC. , 20-10032-WGY, 2023 WL 5984517, at *1 (D.

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EPA Can Reconsider Rulemaking without Vacatur in Clean Air Act Citizen Suit, Sixth Circuit Holds

MGKF Law

Read More » Tags: Administrative Appeals , Citizen Suit , Clean Air Act , Sixth Circuit , Standing Sierra Club et al. 21-3057, 2023 WL 1873168, at * 1 (6th Cir.

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Massachusetts District Court Holds That Breathing in Polluted Air Without A Concrete Injury Traceable To The Defendant Does Not Confer Standing Under The Clean Air Act

MGKF Law

Academy Bus , a Massachusetts District Court held that the members of the Conservation Law Foundation (the “Foundation”) lacked standing to challenge the idling of buses under the Clean Air Act (“CAA”). Read More » Tags: Conservation Law Found. Express , LLC. ,

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Third Circuit Confirms EPA’s Approval of Pennsylvania’s Air Pollution Plan

MGKF Law

On July 25, 2023, a Third Circuit panel rejected an environmental group’s challenge of federally approved changes to Pennsylvania’s State Implementation Plan (“SIP”), holding that the Environmental Protection Agency (“EPA”) emissions-based analysis did not violate the Clean Air Act (“CAA”).

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US Supreme Court Limits EPA’s Authority to Establish Emission Guidelines for the Power Sector

MGKF Law

The major questions doctrine requires that a federal agency have “clear congressional authorization” when acting on issues of great “economic and political significance.” citing Utility Air Regulatory Group v. ” Id. EPA , 573 U.

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EPA to Regulate Hazardous Air Pollutants From Power Plants Under Michigan Factors

MGKF Law

EPA’s Clean Air Act (“CAA”) rulemakings directed at power plants are often the target of regulatory challenges in federal court. Read More » Tags: Air , Clean Air Act , EPA , HAPs , Hazardous Air Pollutants , Rulemaking

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EPA’s Email Does Not Constitute A Final Agency Action, Tenth Circuit Finds

MGKF Law

Read More » Tags: Administrative Appeals , Air , Clean Air Act , Federal Jurisdiction , Procedure , Tenth Circuit