Weekly Cases Update Volume 45, 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 45, Issue 16

ELR 201067011(Alaska, )

The Supreme Court of Alaska held that the state's Department of Natural Resources should have provided public notice before issuing land and water use permits allowing intensive mineral exploration in the prospective Pebble Mine.

Keywords:
Mining, Mining, Constitutional law
ELR 201057012(Alaska, )

The Supreme Court of Alaska reversed a lower court decision that plaintiffs challenging land and water use permits allowing intensive mineral exploration in Alaska's prospective Pebble Mine had "sufficient economic incentive" to warrant the imposition of attorney fees against them.

Keywords:
Mining, Mining
ELR 2010314-1046(D.C. Cir., )

The D.C. Circuit held that energy companies lack standing to challenge EPA's determination that carbon dioxide (CO2) streams injected into Class VI wells for the purpose of geologic sequestration constitute "solid waste" subject to RCRA.

Keywords:
Underground injection, "Solid waste" construed, RCRA
ELR 2010711-1189(D.C. Cir., )

The D.C. Circuit denied several petitions for review challenging aspects of an EPA rule that provides procedures for classifying non-hazardous secondary materials as RCRA "solid waste" for the purpose of CAA emission standards for incinerators and other combustion units.

Keywords:
Boilers and industrial furnaces, "Solid waste" construed, Clean Air Act (CAA)
ELR 2010114-6099(10th Cir., )

The Tenth Circuit held the U.S. Army Corps of Engineers did not violate NEPA, the CWA, or nationwide permit (NWP) 12 when it allowed an energy company to build a 485-mile oil pipeline from Oklahoma to Texas under the general permit.

Keywords:
Nationwide permit

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