Hoisted by its own petard: D.C. Circuit finds that EPA’s own regulations prevent the agency’s inconsistent application of a judicial decision

EPA’s controversial practice of declining to apply unfavorable judicial decisions outside of the jurisdictions in which they were issued finally caught up with the agency last week.  In Nat’l Envtl. Dev. Ass’n’s Clean Air Project v. EPA, No. 13-1035 (D.C. Cir. May 30, … Continue reading

Pennsylvania Environmental Hearing Board declines to follow the Sixth Circuit’s lead on air emissions aggregation

Last week, in an appeal filed by an environmental organization, the Pennsylvania Environmental Hearing Board (EHB) rejected an attempt by the operator of a gas processing plant and several compressor stations (connected to the plant via pipelines) to preclude evidence of the “functional relationship” between the … Continue reading