Weekly Cases Update Volume 51, Issue 5

The cases listed below appear in the most recent issue of ELR Update. For cases previously reported, please use the filter on the left.

Volume 51, Issue 9

ELR 2003708-1065(D.C. Cir., )

The D.C. Circuit denied, 2-1, New Jersey's challenge to a rule promulgated by EPA on remand concerning the CAA's new source review (NSR) program.

New source review
ELR 2004120-1971(4th Cir., )

The Fourth Circuit granted a pipeline company's petition to review the North Carolina Department of Environmental Quality's (NCDEQ's) denial of a CWA §401 certification for construction of a natural gas pipeline.

State certification, §401
ELR 2004020-60319(5th Cir., )

The Fifth Circuit denied a petition to review FWS' issuance of a biological opinion (BiOp) and incidental take statement (ITS) authorizing the harm or harassment of endangered ocelot or jaguarundi in connection with construction and operation of a liquefied natural gas pipeline in South Texa

Incidental taking
ELR 200431:20-cv-00163-DKW-RT and 1:20-cv-00470-DKWKJM(9th Cir., )

The Ninth Circuit denied oil companies' motions to stay a district court order remanding to state court two lawsuits alleging the companies concealed the dangers of fossil fuels to the climate.

Climate Change (generally)
ELR 2003917-1208 (BAH)(D.D.C., )

A district court denied motions for summary judgment in a lawsuit seeking FOIA disclosure of records regarding an order issued by the Secretary of the Interior concerning the federal coal program.

Freedom of Information Act (FOIA)
ELR 200382:17-cv-372(S.D. Ohio, )

A district court remanded without vacatur BLM's and the Forest Service's authorization of hydraulic fracturing in Wayne National Forest, after previously ruling the agencies violated NEPA when they authorized the activity.

Environmental assessment (EA)
ELR 20042482915-V(Md. Cir. Ct., )

A state court reversed the Maryland Department of the Environment's (MDE's) decision to reissue an NPDES general permit for animal feeding operations without limitations on the discharge of gaseous ammonia.

National pollutant discharge elimination system (NPDES) permit program, 402