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 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.

Keywords:
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.

Keywords:
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

Keywords:
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.

Keywords:
Energy (generally), Air pollution
ELR 2016713-cv-635(D.D.C., )

A district court upheld an SEC rule imposing certain disclosure requirements for companies that use "conflict minerals" originating in and around the Democratic Republic of the Congo.

Keywords:
Human Rights, Africa
ELR 201692012 CA 008263(D.C. Sup. Ct., )

A D.C. court held that a climate scientist may go forward with his defamation suit against a conservative publication and think tank.

Keywords:
Defamation
ELR 201641O-68-BU-SEH(D. Mont., )

A district court held that the U.S. Forest Service complied with NEPA when it promulgated the land and resource management plan (LRMP) for the Beaverhead-Deerlodge National Forest in Montana.

Keywords:
Beaverhead National Forest, Mont., National forests
ELR 2016111-16959(9th Cir., )

The Ninth Circuit reversed a lower court decision dismissing a conservation group's CWA citizen suit alleging that a scrap metal company violated California's general NPDES permit for industrial stormwater at three of its scrap recycling facilities.

Keywords:
Held not preempted
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.

Keywords:
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.

Keywords:
Methyl tertiary butyl ether (MTBE)

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