Weekly Cases Update Volume 41, Issue 9

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 19

ELR 2022210-1050(D.C. Cir., )

The D.C.

Keywords:
Nuclear Waste
ELR 2022410-5280(D.C. Cir., )

The D.C. Circuit upheld the dismissal of a CAA citizen suit challenging EPA's failure to take action to prevent the construction of three proposed pollution-emitting facilities in Kentucky.

Keywords:
Citizen suits, §304, Preconstruction requirements, §165
ELR 202260-2008-CM-DJW, -2068-JTM-DWB(D. Kan., )

A district court dismissed an environmental group's claim that the U.S. Army Corps of Engineers violated NEPA, the CWA, and the APA by granting a CWA §404 permit to a railroad company without completing an EIS.

Keywords:
Railroads, Environmental impact statement (EIS)
ELR 2022110-00677(D. Haw., )

A district court, in an underlying NEPA suit, denied the Navy's request for a voluntary remand for further consideration of the future location of a firing range complex in Guam.

Keywords:
Civil Procedure, Navy, Department of the, National Environmental Policy Act (NEPA)
ELR 2021709-14657(11th Cir., )

The Eleventh Circuit held that the U.S. Army Corps of Engineers may allocate storage water in Lake Lanier, a reservoir created in 1956 by the completion of Buford Dam on the Chattahoochee River, for water supply.

Keywords:
Rivers and Harbors Act (RHA), Water allocation under federal law
ELR 2021809-57064(9th Cir., )

The Ninth Circuit upheld the dismissal of an environmental group's CAA claim challenging an air quality district's method for offsetting emissions increases in its new source review permit program.

Keywords:
New source review, Enforcement

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