Current ELR Update

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 55, Issue 26

55 ELR 20124
No(s). 24-5565 (9th Cir. Sep 3, 2025)

The Ninth Circuit reversed summary judgment for a mining company in a lawsuit concerning liability for damages to natural resources stemming from its discharge of hazardous substances into the Upper Columbia River.

Keywords:
Comprehensive Environmental Response Compensation and Liability Act (CERCLA)
55 ELR 20129
No(s). 23-15599 (9th Cir. Sep 5, 2025)

The Ninth Circuit affirmed summary judgment in part for the Bureau of Reclamation in a challenge to a California irrigation project that has operated without an NPDES permit since 1997 pursuant to a statutory exemption for “discharges composed entirely of return flows from irrigated agriculture.�

Keywords:
Clean Water Act (CWA)
55 ELR 20125
No(s). 25-12873 (11th Cir. Sep 4, 2025)

The Eleventh Circuit, 2-1, granted the federal government's motion to stay a district court's preliminary injunction in a lawsuit concerning construction and operation of a mass immigrant detention and deportation camp in the Florida Everglades.

Keywords:
National Environmental Policy Act (NEPA)
55 ELR 20128
No(s). 24-cv-07288-RS (N.D. Cal. Sep 5, 2025)

A district court granted in part and denied in part a fossil fuel company's motion to dismiss a challenge to its production, distribution, and promotion of plastic polymers.

Keywords:
Waste (generally)
55 ELR 20126
No(s). 23-1267 (D.C. Cir. Sep 5, 2025)

The D.C. Circuit granted a coalition of trade groups' petition to review EPA's 2023 rescission of the Title V affirmative defense to liability for excess emissions caused by emergency events.

Keywords:
Clean Air Act (CAA)
55 ELR 20127
No(s). 24-1721 (8th Cir. Sep 5, 2025)

The Eighth Circuit granted several states' and a business group's petition to review a 2024 DOE rule that changed the method for calculating equivalent petroleum-based fuel economy values of electric vehicles (EVs).

Keywords:
Energy (generally)

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