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Rocky Mountain Farmers Union v. Corey

The Ninth Circuit held that the California Air Resource Board (CARB) low carbon fuel standard's regulation of ethanol does not facially discriminate against out-of-state commerce. CARB treats all ethanol within each regional category the same, and its decision to draw one of the regional categories ...

Wild Fish Conservancy v. Jewell

The Ninth Circuit dismissed a conservation group's lawsuit challenging DOI's diversion of water from Icicle Creek, a tributary of the Wenatchee River and the Columbia River, to the Leavenworth National Fish Hatchery without a state permit. The group argued that DOI violated §8 of the Reclamation Ac...

Ohio Valley Environmental Coalition v. Marfork Coal Co.

A district court held that a coal company discharged excessive amounts of selenium into the waters of West Virginia in violation of the CWA and SMCRA. The environmental group that filed suit against the company has standing, and it satisfied the statutes' 60-day notice requirements for citizen suits...