Federal Appeals Court

Power Plants: A Win for the EPA
New rules from the US Environmental Protection Agency to regulate greenhouse gas emissions from fossil fuel-fired power plants survived an attempt by 25 Republican-led states to block their implementation while their case is litigated.

Red States Challenge Biden Rules That Threaten Coal Power Plants
The publication in the Federal Register on May 9 of the Environmental Protection Agency's New Source Performance Standards for Greenhouse Gas Emissions from new power plants triggered the filing of 25 lawsuits from Republican-led states.

Appeals Court: California Emissions Standards Upheld
The U.S. Environmental Protection Agency and the California Air Resources Board, the nation's two most powerful environmental regulatory agencies, won an important round in federal court last week. But the emissions standards battle may not be over.

Supreme Court to Reconsider Martin v. Boise
The justices agreed to hear an appeal from the city of Grants Pass, Oregon, of a 2022 U.S. Ninth Circuit Court of Appeals ruling that has the potential to loosen restrictions on how nine Western states deal with tent encampments on public property.

Utah Oil Shale Extraction Dealt Major Setback
The Surface Transportation Board's approval in 2021 of a proposed 85-mile Uinta Basin Railway in Utah that would have enabled increased extraction of the world's largest source of oil shale was partially vacated by a federal appeals court last month.

Senate Vote Illustrates America's Polarized Response to Pandemic
A Senate joint resolution to roll back the Biden administration's only vaccine mandate to be upheld by the Supreme Court passed on a party-line vote on March 2. In Europe, the legislative branch often needs to approve these measures to become law.

Supreme Court: OSHA Exceeded its Public Health Authority
The Supreme Court ruled that the Occupational Safety and Health Administration had overreached its authority to protect the health of workers in large private companies. In a separate decision, it upheld a vaccine mandate for most healthcare workers.

Federal Vax-or-Test Mandate for Large Employers Reinstated
Judges of the U.S. Sixth Circuit Court of Appeals decided, 2-1, to allow the Biden administration's vax-or-test mandate for private sector employers, removing a stay placed on the OSHA rule by the Fifth Circuit. Enforcement begins Feb. 9.

U.S. Supreme Court Upholds New York State Vaccine Mandate
Health care workers in New York will be required to be vaccinated against COVID-19 after the Supreme Court voted 6-3 to reject hearing an appeal brought by workers who had sought a religious exemption. Also, an update on the federal vaccine mandate.

Update: Coronavirus Vaccination Litigation against Biden Administration
The U.S. Justice Department filed its appeal on Nov. 23 before the 6th Circuit Court to reinstate the large private employer vaccination status requirement that the 5th Circuit had stayed after Republican governors and state attorneys general sued.

Court: Federal COVID-19 'Vaccine or Test-and-Mask' Mandate 'Fatally Flawed'
The Biden Administration's most sweeping and possibly controversial action to increase COVID vaccinations has been stayed twice by a federal appeals court and is likely headed to the Supreme Court

Coronavirus Litigation: CDC Loses Ability to Regulate Cruise Industry in Win for Florida Governor
In a stunning reversal, a federal appeals court panel on July 23 reversed its ruling issued six days earlier in favor of the Centers for Disease Control and Prevention after Gov. Ron DeSantis appealed the ruling to the Supreme Court.

Court Ruling: Chalking Tires Amounts to Unconstitutional Search of Vehicle
A unanimous ruling by a three-judge panel of the U.S. Sixth Circuit Court of Appeals on April 22 found that the chalking of tires by parking enforcement officers on public streets is a violation of the Fourth Amendment.

Federal Appeals Court Orders EPA to Ban Harmful Pesticide
The ruling puts another stain on former EPA Administrator Scott Pruitt's legacy as it rebukes his denial of a petition to ban a pesticide that causes neurodevelopmental damage in children. Pruitt had rejected his own scientists' recommendation.

Rollback of a Different Kind, Ordered by the EPA, Will Benefit Air Quality
The U.S. Environmental Protection Agency, acting at the behest of the new acting EPA administrator, will keep Obama-era regulation limiting air pollution from heavy trucks in place.

A Third Court Win for Children's Climate Change Lawsuit
Strike three for the federal government in trying to dismiss a lawsuit launched by 21 children in Oregon who sued the Obama administration in 2015, claiming the government was endangering their future because of its failure to reduce climate change.

Appeals Court Deals Second Setback to Trump Administration on Methane Regulation
Another unpleasant reminder for the Trump Administration that there are three equal branches of government: A federal appeals court ruled 9-2 that EPA Administrator Scott Pruitt must enforce a rule to reduce methane emissions from oil and gas wells.
Appeals Court Rebuffs Trump's EPA on Methane Emissions Suspension
In a win for the environment, a D.C. Circuit panel ruled that EPA Administrator Scott Pruitt could not arbitrarily suspend the starting date of a landmark Obama rule that would reduce methane emissions from new and modified oil and gas wells.

Appeals Court Ruling Favors Trump—Strike Two Against Clean Power Plan
An appeals court on Friday granted the Trump Administration's request to suspend lawsuits on the Clean Power Plan, dealing a major blow against President Obama's signature climate initiative to reduce carbon emissions from existing plants.

Breaking News: Supreme Court Rebukes Trump on Clean Water Rule
One of those Obama-era regulations that President Trump promised to ease is the Clean Water Rule, currently tied up in federal appeals court. The Department of Justice had asked the Supreme Court to discontinue the litigation.
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