Weekly Cases Update Volume 45, Issue 5

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 45, Issue 9

ELR 20058SUCV2O14-02551(Mass. Super. Ct., )

A Massachusetts court dismissed residents' lawsuit seeking a declaratory judgment that the state's environmental agency failed to comply with §3(d) of the Global Warming Solutions Act (GWSA).

Keywords:
Climate Change (generally), Massachusetts
ELR 200556:14-CV-0110-AA(D. Or., )

A district court held that BLM violated NEPA and the APA when it authorized a logging project in an area of Douglas County, Oregon, that provides habitat for the northern spotted owl.

Keywords:
Timber Sales, Northern spotted owl, Held required for
ELR 200561:14-cv-0013-RRB(D. Alaska, )

A district court upheld the U.S. Forest Service's approval of the Big Thorne Project in the Tongass National Forest, thereby allowing the logging of approximately 6,186 acres of old growth forest and construction of 46.1 miles of new Forest Service roads to begin on April 1, 2015.

Keywords:
Tongass National Forest, Alaska, Upheld, Timber Sales, Discussion of, held adequate
ELR 2005314-3467(3d Cir., )

The Third Circuit upheld a lower court decision dismissing, on standing grounds, a doctor's claim challenging the constitutionality of a Pennsylvania law that limits a doctor's ability to obtain information about the mixture of chemical fluids used during hydraulic fracturing when treat

Keywords:
Toxic Substances (generally), Constitutional law, Hydraulic Fracturing
ELR 2005714-12357(11th Cir., )

The Eleventh Circuit remanded the U.S.

Keywords:
Nationwide permit, Dredge and fill permits
ELR 2005211-CV-1759-BJR(W.D. Wash., )

A district court held that although EPA did not violate its nondiscretionary duty under the CWA to either approve or disapprove a TMDL for PCBs in the state of Washington, it acted contrary to law in determining that a "Regional Toxics Task Force" was a suitable alternative.

Keywords:
Total maximum daily loads (TMDLs), §303(d)
ELR 200548:13-cv-2084-T-23EAJ(M.D. Fla., )

A district court dismissed environmentalists' claim that EPA should have reviewed the entirety of Florida's impaired water rule (IWR), not just the portion that constitutes a new or revised water quality standard.

Keywords:
State standards, §303(a)

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