Weekly Cases Update Volume 32, Issue 12

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 , Issue

ELR 20804No. 01-1234(1st Cir., )

The court holds that a district court properly ordered the U.S. Department of the Interior (DOI) and the U.S.

Keywords:
Attorney-client privilege, Interagency memoranda
ELR 2077601-14587(11th Cir., )

The court holds that a district court abused its discretion by modifying a consent decree between the U.S. Environmental Protection Agency (EPA) and an environmental group to include a requirement that EPA develop total maximum daily load (TMDL) implementation plans for the state of Georgia.

ELR 20823No. 00-17473(9th Cir., )

The court affirms a district court decision that the U.S. Geological Survey's (USGS') and U.S.

Keywords:
Held not required for
ELR 2082701-5200(10th Cir., )

The court holds that a district court properly determined the sentence for an individual who pleaded guilty to aiding and abetting the injection of hazardous waste and the disposal of hazardous waste without a permit in violation of the Comprehensive Environmental Response, Compensation, and Liab

ELR 20825No. 01-3002(8th Cir., )

The court upholds the U.S. Fish and Wildlife Service's (FWS') denial of Missouri's Freedom of Information Act (FOIA) request for certain documents produced by a nonprofit corporation involved in the conservation and protection of the Missouri River.

Keywords:
Document publication, Missouri River
ELR 2078101-4513(4th Cir., )

The court holds that the U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. United States Army Corps of Engineers, 531 U.S.

ELR 20793Nos. 00-70166 et al.(9th Cir., )

The court holds that the U.S.

Keywords:
"Best available control technology" construed, Air pollution
ELR 20821IP 99-1692-C-M/S(S.D. Ind., )

The court holds that a gas and electric company violated the Clean Air Act (CAA) by failing to obtain a preconstruction permit before making modifications to its facility even though there were no actual increases in emissions of pollutants after the changes were made.

ELR 20809Nos. 00-2139, 01-1683(3d Cir., )

The court holds that the Eleventh Amendment bars all but two claims brought by citizen groups in federal court against a state official accused of failing to implement, administer, enforce, and maintain a federally approved state coal mining program under the Surface Mining Control and Reclamatio

Keywords:
Held to bar suit, Court of appeals jurisdiction
ELR 20821No. IP 99-1962-C-M/S(S.D. Ind., )

The court holds that a gas and electric company violated the Clean Air Act (CAA) by failing to obtain a preconstruction permit before making modifications to its facility even though there were no actual increases in emissions of pollutants after the changes were made.

Keywords:
Preconstruction requirements, §165

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