Weekly Cases Update Volume 51, Issue 6

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 51, Issue 10

ELR 2005119-1066(D.C. Cir., )

The D.C.

Keywords:
Biological opinion, §7(b)
ELR 2005818-2188(2d Cir., )

The Second Circuit affirmed dismissal of a lawsuit seeking damages from oil companies for harms caused by climate change. New York City sued the companies under state tort law to recover damages caused by the companies' legal commercial conduct in producing and selling fossil fuels.

Keywords:
Climate Change (generally)
ELR 2004719-1610-ag (L) and 19-1618-ag (Con)(2d Cir., )

The Second Circuit denied a petition to review two FERC orders that determined the New York State Department of Environmental Conservation (NYDEC) had waived its authority under §401 of the CWA to issue or deny a water quality certification for a natural gas pipeline project.

Keywords:
State certification, §401
ELR 2005019-2151(4th Cir., )

The Fourth Circuit affirmed summary judgment for the Army Corps of Engineers in a challenge to the Corps' issuance of a permit to construct a jetty to prevent beach erosion in North Carolina.

Keywords:
Clean Water Act (CWA)
ELR 2005519-2194(4th Cir., )

The Fourth Circuit affirmed summary judgment for a coal company in a lawsuit concerning the company's alleged mine pollution discharges that had been permitted under a CWA permit.

Keywords:
Permits, §506, National pollutant discharge elimination system (NPDES) permit program, 402

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