Weekly Cases Update Volume 42, Issue 8

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 42, Issue 18

ELR 2013411-94(U.S., )

The U.S. Supreme Court overturned an $18 million fine imposed against a pipeline operator for storing liquid mercury at one of its facilities without a permit in violation of RCRA. In Apprendi v. New Jersey, 530 U.S.

Criminal penalty provisions, §3008(d)
ELR 2012611-246(U.S., )

The U.S.

Indian Reorganization Act, Quiet Title Act (QTA)
ELR 2012911-1184(4th Cir., )

The Fourth Circuit held that the U.S. Army Corps of Engineer violated NEPA when it issued a CWA §404 permit allowing a developer to build a mooring facility and boat ramp 3,000 feet from the Back Bay National Wildlife Refuge in Virginia Beach, Virginia.

Permit issuance, Held required for
ELR 2013010-56568(9th Cir., )

The Ninth Circuit held that the United States can extinguish California's public trust rights when exercising its federal power of eminent domain. The case involves 32.42 acres of land that the U.S. Navy has continuously leased from the state since 1949.

Condemnation, Public trust doctrine
ELR 2013312-1077(D.C. Cir., )

The D.C. Circuit vacated an interim final rule issued by EPA that would allow manufacturers of heavy-duty diesel engines to pay nonconformance penalties in exchange for the right to sell engines that fail to satisfy nitrogen oxide requirements.

Onboard vapor recovery systems, §202(a)(6)
ELR 2013110-60459(5th Cir., )

The Fifth Circuit upheld EPA's decision to disapprove certain revisions to Texas' SIP.

Approval and revision, §110(a)
ELR 201352011-5033 et al.(Fed. Cir., )

The Federal Circuit affirmed in part and reversed in part damages awarded to the current owner of the Vermont Yankee Nuclear Power Station stemming from the government's failure to dispose of spent nuclear fuel generated at the station.

Waste disposal
ELR 2012808-17565(9th Cir., )

The Ninth Circuit reversed in part and affirmed in part a lower court decision that U.S. Forest Service complied with NEPA and the APA when it amended the Sierra Nevada forest plan in 2004.

Sierra Nevada National Forest, Cal., Discussion of, held inadequate
ELR 20127A132165(Cal. App. 1st Dist., )

A California appellate court held that the California Air Resources Board's (CARB's) climate change scoping plan, designed to reduce greenhouse gas emissions to 1990 levels by 2020, complies with the state's Global Warming Solutions Act of 2006.

Climate Change
ELR 201324358-11(N.Y. Sup. Ct., )

A New York court dismissed individuals' lawsuit challenging the legality of New York's participation in the Regional Greenhouse Gas Initiative (RGGI), a regional cap-and-trade plan for carbon dioxide (CO2) emissions.

Climate Change (generally), Air pollution

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