Weekly Cases Update Volume 46, Issue 11

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 46, Issue 27

ELR 2015415-cv-00141(D.D.C., )

A district court dismissed environmental and animal rights groups' lawsuit against EPA for failing to respond to a 2009 petition for rulemaking that asked the Agency to regulate concentrated animal feeding operations (CAFOs) as a source of air pollution under the CAA.

Agriculture, Notice of intent to sue, §304(b)
ELR 20156104 MAP 2014 & 105 MAP 2014(Pa., )

The Pennsylvania Supreme Court struck down as unconstitutional portions of a 2012 law governing oil and gas operations in the Marcellus Shale.

Constitutional law, Hydraulic Fracturing
ELR 2015815-cv-1012(D.D.C., )

A district court held that EPA's Office of Inspector General (OIG) need not turn over under FOIA certain documents concerning a potential violation of federal “revolving-door” prohibitions by a former member of the U.S. Chemical Safety and Hazard Investigation Board.

Exemption No. 5
ELR 2015514-35928(9th Cir., )

The Ninth Circuit held that NMFS violated the Magnuson-Stevens Fishery Conservation and Management Act when it excluded an historic net-fishing area of Cook Inlet from the salmon fishery management plan (FMP).

Implementation of fishery management plans (FMPs), §305
ELR 201572:15-CV-42-BO(E.D.N.C., )

A district court issued a preliminary injunction enjoining FWS from conducting or authorizing the take of wild red wolves on private land without first demonstrating that the wolf at issue is a threat to humans, pets, or livestock.

"Take," §9(a)(1)(B), Wolves