Weekly Cases Update Volume 41, Issue 4

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 41, Issue 4

ELR 20078Nos. 08-71074 et al.(9th Cir. , )

The Ninth Circuit vacated and remanded DOE's energy transmission congestion study and national interest electric transmission (NIET) corridor designations prepared under the Energy Policy Act of 2005 (EPAct).

Keywords:
Electric transmission facility siting, Energy, Department of, Energy resource projects
ELR 20077No. 10-5080(D.C. Cir., )

The D.C. Circuit upheld the dismissal of a Native American tribe's case against DOE asking it to clean up two contaminated sites under the Uranium Mill Tailings Remediation and Control Act (UMTRCA).

Keywords:
Hazardous wastes & substances, Nuclear Waste
ELR 20082Nos. 09-71383(9th Cir., )

The Ninth Circuit granted citizen groups' petition for review of a final action by EPA approving in part and disapproving in part revisions to California's SIP for meeting CAA air quality standards for ozone.

Keywords:
Approval and revision, §110(a)
ELR 20083No. 10-1200(1st Cir., )

The First Circuit, in a case of first impression, vacated a lower court decision that it should abstain from hearing a RCRA citizen suit concerning the cleanup of contamination caused by leaking USTs at a former gasoline filling station in Puerto Rico.

Keywords:
Burford doctrine, Citizen suits, §7002
ELR 20084No. 08-15780(9th Cir., )

The Ninth Circuit amended dicta set forth in its prior opinion at 40 ELR 20233, which held that property owners and three employees of the California Department of Fish and Game did not violate the ESA when they dug up and removed

Keywords:
Wetlands, "Take," §9(a)(1)(B)

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