Current Weekly Cases Update
The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please refer to the Weekly Cases archives.
Volume 43, Issue 34
Arkansas Game & Fish Commission v. United States
The Federal Circuit, on remand from the U.S. Supreme Court, held that the U.S. Army Corps of Engineers' temporary deviations from the water release rates set forth in an operating plan for the...
Southwest Power Pool, Inc. v. Federal Energy Regulatory Committee
The D.C. Circuit vacated a FERC decision allowing a power company to use a regional transmission organization's (RTO's) transmission lines in order to join another RTO network. The two RTOs involved in this case had entered a joint operating agreement that allowed both RTOs to use the other's...
Alliance for the Wild Rockies v. Brazell
A district court held that the U.S. Forest Service did not act arbitrarily or capriciously when it approved a project intended to improve conditions in the Little Slate Creek watershed in the Nez Perce National Forest. The project would seek to improve the watershed through aquatic habitat...
Intertribal Sinkyone Wilderness Council v. National Marine Fisheries Service
A district court held that the National Marine Fisheries Service (NMFS) has until August 1, 2014, to revise its plan for protecting whales, dolphins, porpoises, seals, and sea lions from U.S. Navy warfare training exercises along the coasts of California, Oregon, and Washington. The court...
Tri-Realty Co. v. Ursinus College
A district court dismissed a property owner's OPA claims against a nearby college for land and water contamination allegedly caused by heating oil that leaked from USTs on the college campus. The property owner brought claims under the CWA, OPA, RCRA, and state law. Based on the language and...
Sierra Club v. Department of Environmental Quality
The Michigan Court of Appeals, in an unpublished opinion, upheld the state environmental agency's decision to issue two permits authorizing modifications at a coal-fired power plant. The plant is located in a county that violates the NAAQS for particulate matter less than 2.5 microns (PM2.5). An...
Meyer v. Constantinou
A New Jersey appellate court, in an unpublished opinion, affirmed a trial court decision dismissing without prejudice property owners' complaint alleging their property had been contaminated by chemicals discharged from a neighboring dry-cleaning business. The New Jersey Environmental Rights Act...
Login Here
