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 20193No. 12-5383(D.C. Cir., )

The D.C. Circuit held that environmental groups have standing to challenge DOI's decision to remove the Blair Mountain Battlefield—the site of a large 1921 coal miner uprising in West Virginia—from the National Register of Historic Places.

Keywords:
Historic Preservation, Held satisfied
ELR 20189No. 13-1172(10th Cir., )

The Tenth Circuit held that an energy company may cross private property in order to develop new oil well sites under the property owner's surface estate as well as to access one of its existing wells located on adjacent BLM property.

Keywords:
Property rights
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

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