Documents

Oral argument — Natural Resources Defense Coun

Oral argument · Oral argument · Apr 12, 2018

Circuit reached a very similar holding more recently in the Clean Air Council case. … And the agency said, we need to to give those issues the full airing, including notice and comment that they deserve.

Oral argument — AIR v. USEPA

Oral argument · Oral argument · Feb 10, 2015

So I would hate to see a section like that just basically get written out of the act. As to authority, the Clean Air Act says the state presents an assurance of adequate authority. … To do that, we might as well not have the section in the Clean Air Act that says the state gives assurances.

Oral argument — Lofstad v. Secretary US Dept

Oral argument · Oral argument · Jul 11, 2024

So we're in the natural resources context here, but let me ask you, I presume you also do some litigation of Clean Air Act, Clean Water Act. … You know, there are these state implementation plans, et cetera, and yet isn't there generally judicial review at the stage when, you know, there's a Clean Air Act plan or Clean Water Act, but before you

Oral argument — Cooling Water Intake Structure

Oral argument · Oral argument · Sep 14, 2017

The changes EPA made were not only procedurally defective, they exceed EPA's authority under 316B of the Clean Water Act and as well as the Clean Water Act writ large. … on a case-by-case, best professional judgment basis using the authority that the Clean Water Act commits to them.

Oral argument — Rosado v. Pruitt

Oral argument · Oral argument · Dec 10, 2021

As we point out in our brief, Connecticut has been nonattainment with the Clean Air Act since 1972, since the day the act was signed. We have NOx emissions. We have ozone emissions. … Air Act.

Oral argument — Louisiana Environmental Action Network v. Environmental Protection Agency

Oral argument · Oral argument · Dec 4, 2019

As this Court has held repeatedly, emission standards for a source category under Clean Air Act Section 112 must include limits on each hazardous air pollutant that category emits. … There's also the right under 7604A of the Clean Air Act to seek to enforce the rulemaking petition and EPA's response to that.

Oral argument — Ramon Alvarado v. Corporate Cleaning Service, In

Oral argument · Oral argument · Feb 10, 2015

The document reflects a comment to that effect, Judge. Yes, that's correct. … There was a period of time, though, late 07, early 08, when you switched to an overtime system.

Oral argument — Ronald Schmucker v. Johnson Controls, Incorporated

Oral argument · Oral argument · May 26, 2021

That is, was it issued after notice and opportunity for comment under the Applicable Administrative Procedure Act? No, it was not. All right. So it's not a regulation. … And it's the same for the clean air cases that are cited in the reply brief.

Oral argument — Montana Sulphur & Chemical v. EPA

Oral argument · Oral argument · Aug 31, 2011

And it's not, there's no de minimis rule in the Clean Air Act. It's not like, well, you can, you know, as long as it's not over X tons a year, go ahead, just do it. You don't have to account for it. … Is that something that undermines the Clean Air Act's goals, which are, let's keep in mind, I don't think you'll get this from reading their brief, is to assure that the enacts are attained.

Oral argument — Committee For A Better Arvin v. USEPA

Oral argument · Oral argument · Oct 22, 2014

So the two have always existed in the history of the Federal Clean Air Act. … But I think that the Clean Air Act and the Section 304 citizen suit provision really only gives citizens a limited, you know, limited enforcement options under the Clean Air Act, when there's a violation

Oral argument — Natural Resources Defense Council v. Illinois Pollution Control Board

Oral argument · Oral argument · Jun 17, 2015

Water Act. … Public comment is, of course, central to the Clean Water Act. Its framers talked about the need to make decisions in what they called a fishbowl-like atmosphere. So this is front and center.

Oral argument — Center for Regulatory Reason v. EPA

Oral argument · Oral argument · Oct 21, 2016

Well, Your Honor, it's a decision post-Iowa League, just like occurred, for example, in NIDACAP, which was the recent Clean Air Act case that this Court dealt with. In the District Court. … Obviously, in the Clean Air Act setting, it's quite easy, right? This court has exclusive jurisdiction over nationally applicable regulations.

Oral argument — Env Texas Citizen Lobby, Inc. v. ExxonMobil

Oral argument · Oral argument · Nov 7, 2018

Altaverde and as the district court ruled, a claim in a citizen suit, in a Clean Water Act or Clean Air Act citizen suit context, is that the defendant is in violation of an emission limit. … First of all, the act of God defense is not in the state implementation plan, and therefore under the Clean Air Act it cannot be asserted in this case.

Oral argument — Montana Sulphur v. EPA

Oral argument · Oral argument · Aug 31, 2011

Oh, yeah, they do, and it's not, there's no de minimis rule in the Clean Air Act. It's not like, well, you can, you know, as long as it's not over X tons a year, go ahead, just do it. … Is that something that undermines the Clean Air Act's goals, which are, let's keep in mind, I don't think you'll get this from reading their brief. It's to assure that the NACs are attained.

Oral argument — National Environmental Development Association's Clean Air Project v. Environmental Protection Agency

Oral argument · Oral argument · Apr 2, 2018

Section 301A2 of the Clean Air Act directs EPA to resolve inconsistencies in how its regions implement and enforce the Clean Air Act. … The next sentence of the Clean Air Act legislative history that you quoted in your brief sentence . . .

Oral argument — Williams v. CSX Transportation

Oral argument · Oral argument · Jul 23, 2013

For instance, she did feel that the manure made on the walls, knowing that she had to clean it, was intentional and there was some written comments that she felt were directed toward her specifically. … , that these cleaning requirements were given to Ms.

Oral argument — Toyal America v. Illinois Pollution Control Board

Oral argument · Oral argument · Oct 12, 2011

Therefore, under the Clean Air Act, the U.S. … For the Clean Air Act, the regulations in the Clean Air Act were part of a broad-based nationwide effort to clean up and to reduce the ozone pollution, and Chicago is particularly identified as a place

Oral argument — Michael Abrams v. Nucor Steel Marion Inc

Oral argument · Oral argument · Oct 19, 2016

Your Honors, the appellants believe that this is actually a case of first impression for the Sixth Circuit because of the fact that previously air dispersion cases from permitted users under the Clean … Air Act were preempted by the Clean Air Act.

Oral argument — Baldwin Graphic v. Siebert

Oral argument · Oral argument · Nov 5, 2007

But ultimately, he saw a need, even though the patentees, when they meant reduced air content, clean fabric, used that term. If they meant non-reduced air content, clean fabric, they used that term. … Because the specification states several times, a cleaning fabric, for example, General Appendix 50, Column 3, a cleaning fabric with reduced air content, so the air content is already reduced, and then

Oral argument — State of Arkansas v. EPA

Oral argument · Oral argument · Oct 22, 2024

So the Clean Air Act's venue provision centralizes review of national issues. It directs judicial review to one court, the D.C. … So under the Clean Air Act, EPA is responsible for determining whether the SIP meets Congress's requirements in the Clean Air Act.