Weekly Cases Update Volume 44, Issue 8

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 18

ELR 2013713-1674 et al.(7th Cir., )

The Seventh Circuit, for the second time, vacated a FERC order that allocates costs for certain new high-voltage network transmission lines in the Mid-Atlantic and Midwest. The order allocates the costs of the lines across all the utilities in proportion to each utility’s respective sales.

Federal Power Act (FPA)
ELR 20135S-15468(Alaska, )

The Supreme Court of Alaska upheld a ballot initiative that would require legislative approval of the any new large-scale metallic sulfide mining operation—the Pebble Mine gold and copper project—in the Bristol Bay watershed.

Mining, Mineral development, Constitutional law
ELR 201362:13-CV-1-BO(E.D.N.C., )

A district court upheld National Park Service (NPS) regulations restricting off-road vehicle (ORV) use in North Carolina's Cape Hatteras National Seashore at certain times of the year.

National recreation areas, National parks
ELR 201382013-5086, -5087(Fed. Cir., )

The Federal Circuit held that the United States must pay a California utility $53,159,863 for DOE's failure to accept and dispose of spent nuclear fuel and high-level radioactive waste.

High-level radioactive waste
ELR 2013907-14-00006-CV(Tex. Ct. App., )

A Texas appellate court reversed a lower court decision enjoining a city from undertaking certain activities relating to further development of its proposed water well plan on a landowner's property.

Groundwater, Property rights
ELR 2014020121009(Utah, )

The Supreme Court of Utah dismissed an environmental group's lawsuit challenging the state's issuance of a discharge permit for a tar sands bitumen-extraction project in the Uintah Basin. The original discharge permit was granted by the Utah Division of Water Quality (DWQ) in 2008.

Mining, Groundwater pollution
ELR 2013212-1146(U.S., )

The U.S. Supreme Court held that EPA's regulation of greenhouse gas (GHG) emissions from new motor vehicles did not automatically trigger the CAA's permitting requirements for stationary sources that emit GHGs.

Greenhouse gases, Operating permits,§§501-507, Permits
ELR 2013313-1014(D.C. Cir., )

The D.C.

Interstate pollution abatement, §126, State implementation plans (SIPs)
ELR 2013413-0156(Tex., )

The Supreme Court of Texas held that an oil and gas company may use a road on landowner's property to access its underground mineral rights. The company held an interest oil and gas rights under the landowners' property in addition to several adjoining tracts.

Energy (generally), Property rights, Land use

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