Weekly Cases Update Volume 48, Issue 9

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 48, Issue 21

ELR 2013016-1068(D.C. Cir., )

The D.C. Circuit dismissed electricity customers' petitions to review FERC's orders approving high clearing prices for future capacity to generate electricity in wholesale auctions.

Keywords:
Federal Power Act (FPA)
ELR 2012218-cv-00521-HSG and 18-cv-00524-HSG(N.D. Cal., )

A district court denied BLM's motion to transfer a lawsuit over BLM's hydraulic fracturing rule from California to Wyoming.

Keywords:
Venue
ELR 2012417-cv-1671 (CRC)(D.C. Cir., )

The D.C. Circuit granted in part and denied in part an environmental group's motion for summary judgment challenging DOJ's "Glomar response" refusing to confirm or deny the existence of the records requested.

Keywords:
Freedom of Information Act (FOIA)
ELR 2012617-1059(D.C. Cir., )

The D.C. Circuit granted in part a Native American tribe's petition to review NRC's license decision for construction of a uranium mining project in the Black Hills of South Dakota.

Keywords:
Environmental impact statement (EIS)
ELR 2012914-4645(2d Cir., )

The Second Circuit denied environmental groups' and industry associations' petitions to review a final rule promulgated by EPA establishing requirements for cooling water intake structures (CWISs) at existing power plants and manufacturing facilities, as well as a biological opinion joi

Keywords:
Thermal discharges, §316
ELR 20131CV-15-14-GF-BMM(D. Mont., )

A district court denied in part environmental groups' motion for summary judgment challenging BLM's and the U.S. Army Corps of Engineers' approval of a project to replace a wooden diversion weir with a concrete dam along the Yellowstone River.

Keywords:
Environmental impact statement (EIS)
ELR 2012516-1413(D.C. Cir., )

The D.C. Circuit denied environmental groups' petition to review a 2016 rule that EPA uses to determine whether an event caused by recurring activity is "exceptional" and thus exempt from a state's emissions report.

Keywords:
Clean Air Act (CAA)
ELR 2012818 Civ. 182 (JFK)(S.D.N.Y., )

A district court granted oil companies' motion to dismiss New York City's case seeking damages for global warming-related injuries caused by greenhouse gas emissions resulting from combustion of the companies' fossil fuels.

Keywords:
Climate Change (generally)
ELR 2013317-3163(3d Cir., )

The Third Circuit affirmed a lower court's dismissal of a religious group's challenge to FERC's approval of a natural gas pipeline along land owned by the group.

Keywords:
Natural Gas Act (NGA)
ELR 2013218-1042(4th Cir., )

The Fourth Circuit affirmed a lower court's dismissal of landowners' challenge to FERC's approval of a natural gas pipeline.

Keywords:
Natural Gas Act (NGA)