Weekly Cases Update Volume 43, 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 43, Issue 21

ELR 2016612-3187(7th Cir., )

The Seventh Circuit upheld a dredge and fill permit issued by the U.S. Army Corps of Engineers for a highway project that crosses wetlands in Indiana. The Corps adequately considered practicable alternatives when it issued the permit.

Permit issuance
ELR 2017110-4135-cv (L), 10-4329-cv (XAP)(2d Cir., )

The Second Circuit affirmed a lower court decision finding oil companies liable for contaminating New York City wells with methyl tertiary butyl ether (MTBE) and awarding a $104.69 million judgment in favor of the city.

Methyl tertiary butyl ether (MTBE)
ELR 2015912-35201 et al.(9th Cir., )

The Ninth Circuit affirmed a lower court decision rejecting claims that the National Marine Fisheries Service (NMFS) violated the ESA when it placed commercial fishing restrictions on sub-regions of the Pacific Ocean inhabited by the endangered western distinct population segment of Stellar sea l

Jeopardize species/habitat, Steller sea lions
ELR 20158No. 08-1200(D.C. Cir., )

The D.C. Circuit remanded for reconsideration EPA's revisions to the secondary, welfare-based NAAQS for ozone, but denied petitions challenging revisions to the primary, health-based ozone NAAQS.

Review and revision, §109(d)
ELR 2016511-9559(10th Cir., )

The Tenth Circuit affirmed an EPA order denying an environmental group's petition to object to a CAA Title V operating permit for a coal-fired power station in Colorado.

Operating permits,§§501-507, Preconstruction requirements, §165
ELR 2016012-9526, -9527(10th Cir., )

The Tenth Circuit upheld an EPA rule in which it rejected Oklahoma's regional haze plan to limit sulfur dioxide emissions at electric utility power plants and replaced it with its own more stringent regulations via a federal implementation plan (FIP).

Oklahoma, Federal implementation plans (FIPs), §110(c)(1)
ELR 2016712-1022(3d Cir., )

The Third Circuit upheld an EPA rule imposing sulfur dioxide (S02) limits on a coal-fired power plant in Pennsylvania whose emissions travel directly across a river into areas of New Jersey.

Interstate pollution abatement, §126
ELR 2017010-1425, 11-1037(D.C. Cir., )

The D.C. Circuit denied states' and industry groups' petitions challenging EPA rules establishing CAA permitting requirements in states that do not have implementation plans for greenhouse gases.

Climate Change (generally), State implementation plans (SIPs)
ELR 20163F064045(Cal. Ct. App. 5th Dist., )

A California appellate court held that the California Air Resources Board (CARB) violated the California APA and the California Environmental Quality Act (CEQA) when it adopted its Low Carbon Fuel Standards (LCFS) regulations to reduce the carbon content of transportation fuels sold, supplied, or

Climate Change (generally), Environmental impact reports (EIRs)
ELR 2016213-1019(D.C. Cir., )

The D.C. Circuit ordered the Maryland Department of Environment to act on a natural gas company's application to construct a natural gas compressor station in the state. The company applied for and received a certificate of public convenience and necessity from FERC.

Energy (generally), Air pollution