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 17

ELR 201273:13-cv-00044, -00095(D. Alaska, )

A district court held that an environmental group lacked standing to challenge a U.S. Army Corps of Engineers permit issued to an oil company to fill certain wetlands in the National Petroleum Reserve–Alaska for a future drill site.

Keywords:
Permit issuance, Held not satisfied
ELR 201293:12-cv-0205(D. Alaska, )

A district court upheld a U.S. Army Corps of Engineers permit issued under CWA §404 for a railroad extension project in an area surrounded by wetlands. Two functional assessments were prepared for the project.

Keywords:
Permit issuance
ELR 20124No. 3:12-0785(S.D. W. Va., )

A district court held that mining companies discharged excessive amounts of ionic pollution, measured as conductivity, into the waters of West Virginia in violation of their federal NPDES and state surface mining permits.

Keywords:
Citizen suits, §505, Effluent limitations, §301, Violations
ELR 2012513-339(U.S., )

The U.S. Supreme Court held that CERCLA §309 does not preempt a state's statute of repose. The case arose after property owners filed suit against a manufacturing company for alleged groundwater contamination stemming from chemicals stored on property the company sold 24 years ago.

Keywords:
Statute of limitations, Actions under state law, §309, Preemption, §114(c), Hazardous wastes & substances
ELR 2012613-1015(D.C. Cir., )

The D.C. Circuit held that FERC violated NEPA when it approved the expansion of a natural gas pipeline in the Northeast. The project will upgrade a portion of a much longer natural gas pipeline known as the 300 Line.

Keywords:
Energy (generally), Segmentation to avoid EIS requirements
ELR 2012313-1035(D.C. CIr., )

The D.C. Circuit vacated an EPA memorandum directing regional air districts to apply different criteria when making source determinations in its Title V or new source review (NSR) permitting decisions for facilities located in areas within the jurisdiction of the U.S.

Keywords:
New source review, Operating permits,§§501-507
ELR 2013113-CV-3408(C.D. Ill., )

A district court dismissed an environmental group's citizen suit in which it alleged a power company was attempting to construct a major modification of its coal-fired power plant in Illinois without a PSD permit in violation of the CAA.

Keywords:
Burford doctrine, "Modification" construed
ELR 2013013-5192(D.C. Cir., )

The D.C. Circuit dismissed teenagers' lawsuit against the federal government for failing to cap greenhouse gas emissions. Invoking the federal question statute, 28 U.S.C.

Keywords:
Climate Change (generally)

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