Weekly Cases Update Volume 44, Issue 6

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 10

ELR 2006711-35517(9th Cir., )

The Ninth Circuit reversed a lower court decision invalidating a 2003 USDA regulation that temporarily exempted Alaska's Tongass National Forest from the 2001 Roadless Area Conservation Rule.

Keywords:
Tongass National Forest, Alaska
ELR 20066A-4878-11T4(N.J. Sup. Ct. App. Div., )

A New Jersey appellate court held that the state's Department of Environmental Protection violated the New Jersey APA when it withdrew from the Regional Greenhouse Gas Initiative (RGGI) program.

Keywords:
Climate Change (generally), Air pollution
ELR 200783:12-CV-334(W.D. Ky., )

A district court held that the CAA does not preempt landowners' state common-law tort claims against a whiskey distillery for property damage. The landowners alleged that emissions from the distillery caused "whisky fungus" to grow on their property.

Keywords:
Held not preempted
ELR 2007112-2013(D.D.C., )

A district court upheld two court-approved settlement agreements between environmental advocacy groups and the FWS in a multi-district litigation that require the agency to determine by certain deadlines whether to list 251 species as endangered or threatened under the ESA or find that listing th

Keywords:
Determination of endangered and threatened species, §4
ELR 20077S-2:11-2980(E.D. Cal., )

A district court held that plaintiffs may go forward with their CWA citizen suit against the U.S. Bureau of Reclamation and a California water authority in a case involving the need for a NPDES permit for an irrigation project jointly administered by the two agencies.

Keywords:
Coverage
ELR 2006808-CV-5606, -8430(S.D.N.Y., )

In a 100+ page opinion, a district court vacated EPA's water transfers rule, which excludes water transfers that convey or connect "waters of the United States without subjecting the transferred water to intervening industrial, municipal, or commercial use" from the CWA's NPDE

Keywords:
Regulations, Navigable Waters
ELR 2007508-cv-6459-ER(S.D.N.Y., )

A district court upheld the constitutionality of a New York county's solid waste flow control ordinance that directs all solid waste generated within the county to designated publicly owned but privately operated processing facilities.

Keywords:
Market participant exception, Collection and disposal

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