Weekly Cases Update Volume 44, Issue 11

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 44, Issue 25

ELR 20191No. 12-56086(9th Cir., )

The Ninth Circuit upheld the dismissal of environmental groups' RCRA citizen suit against a railroad company seeking to enjoin the emission of particulate matter found in diesel exhaust from the company's railyards.

Keywords:
"Disposal" construed
ELR 20195No. 13-1936(8th Cir., )

The Eighth Circuit upheld an EPA decision rejecting modifications to Arkansas' water quality standards as they pertain to discharges of dissolved minerals from a chemical manufacturing plant.

Keywords:
State standards, §303(a)
ELR 20196No. 2:12-6689(S.D. W. Va., )

A district court upheld a dredge-and-fill permit the U.S. Army Corps of Engineers issued to a mining company allowing it to conduct surface coal mining activities at a proposed 725-acre site in Boone County, West Virginia.

Keywords:
Permit issuance
ELR 20192No. 13-234(E.D. La., )

A district court upheld FWS' designation of 1,544 acres of a privately owned tree farm in Louisiana as critical habitat essential for the conservation of the dusky gopher frog, an endangered species.

Keywords:
Critical habitat designation, Wildlife (generally)
ELR 20194No. 13-40326(5th Cir., )

The Fifth Circuit held that DOI's ban on owning bald eagle feathers under the Bald and Golden Eagle Protection Act violates the Religious Freedom Restoration Act (RFRA).

Keywords:
Taking, possessing, or offering to sell bald or golden eagle parts, 16 U.S.C. §688

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