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 20

ELR 2015711-1101(D.C. Cir., )

The D.C. Circuit vacated an EPA rule that deferred regulation of biogenic carbon dioxide—non-fossil-fuel carbon dioxide sources such as ethanol—for three years.

Keywords:
Climate Change (generally)
ELR 2014612-1668(D.D.C., )

A district court vacated an SEC rule that requires certain companies to disclose payments made to foreign governments in connection with the commercial development of oil, natural gas, or minerals.

Keywords:
Securities and Exchange Commission
ELR 20149A-120-11(N.J., )

The Supreme Court of New Jersey reversed and remanded a lower court decision awarding $375,000 in damages to beachfront property owners whose oceanfront view was obstructed by a dune built to serve as a barrier from powerful storms and ocean surges.

Keywords:
Eminent domain, Public use, Condemnation, Constitutional law
ELR 2015312-1026, -1051(7th Cir., )

The Seventh Circuit held that the statute of limitations bars EPA's and Illinois' CAA suit against a power company for failing to obtain preconstruction permits and to use best available control technology (BACT) at five coal-fired power plants that were modified prior to it acquiring t

Keywords:
Preconstruction requirements, §165
ELR 2015412CA1251(Colo. Ct. App., )

A Colorado appellate court held that under state law, a trial court may not order plaintiffs in a toxic tort case to present prima facie evidence supporting their claims after initial disclosures, but before full discovery begins, or risk having their case dismissed.

Keywords:
Toxic torts
ELR 2015109-36122 et al(9th Cir., )

The Ninth Circuit upheld rules DOI and USDA issued in 1999 that implement part of the Alaska National Interest Lands Conservation Act (ANILCA) concerning subsistence fishing and hunting rights. In Alaska v. Babbitt, 72 F.3d 698 (9th Cir.

Keywords:
Alaska National Interest Lands Conservation Act

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