A district court preliminarily enjoined BLM from enforcing its hydraulic fracturing rule for federal and Native American lands. Various industry, state, and Native American petitioners challenged the rule, arguing that BLM exceeded its authority in promulgating the regulations, and the court agreed. BLM asserted authority under various statutes, including FLPMA, the Mineral Leasing Act of 1920, and the Indian Mineral Development Act of 1982. But none of these statutes authorize BLM to regulate hydraulic fracturing.
Settling CERCLA Defendant to Pay $1 Million Under Proposed DOJ Consent Decree
Under an amendment to a proposed consent decree that was lodged on September 29, 2015, a settling CERCLA defendant must pay $1,000,000 in past U.S. response costs incurred at the the American Cyanamid Superfund site in Bridgewater, New Jersey; must pay future oversight costs related to the cleanup; and must perform the EPA-selected remedies at Operable Unit 2 involving revegetation and Operable Unit 4 involving the remediation of soils, groundwater, and six waste disposal impoundments.
A district court upheld Oregon's clean fuels program, which seeks to reduce lifecycle emissions of greenhouse gases from transportation fuels by 10% over a 10-year period. Trade associations argued that the program was unconstitutional because it discriminates against out-of-state commerce. But the program rewards all investment in innovative fuel production, irrespective of where that innovation occurs.
The October 2015 issue of ELR's News & Analaysis presents the winning entries from the 2014-2015 Beveridge & Diamond Constitutional Environmental Law Writing Competition, featuring articles on pesticides, water quality, and the public trust doctrine; agency deference and environmental regulation; and CAA jurisdiction in off-reservation tribal lands. The issue also looks at CEQ’s draft guidance on NEPA climate analyses and the economic valuation of groundwater in regulatory takings cases. The transcript to a recent ELI seminar on BLM's hydraulic fracturing rule is included as well.