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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 45, Issue 28

Wyoming v. United States Department of the Interior

45 ELR 20184
2:15-CV-043 (D. Wyo., September 2015)

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...

Hydraulic Fracturing, Resource development

Environmental Integrity Project v. McCarthy

45 ELR 20183
13-1306 (D.D.C., September 2015)

A district court upheld EPA's decision to withdraw a proposed rule that would have required concentrated animal feeding operations (CAFOs) to provide information to the Agency to help facilitate EPA's ability to regulate their discharge of pollutants into the waters of the United States under...

Judicial review, §§701-706, Nonpoint source discharges

Citizens for a Better Way v. United States Department of the Interior

45 ELR 20181
2:12-cv-3021 (E.D. Cal., September 2015)

A district court, on motions for summary judgment, held that the Bureau of Indian Affairs (BIA) complied with NEPA and other statutes when it approved a tribe's application for a proposed gaming facility and hotel fee-to-trust acquisition project in Yuma, California. BIA prepared an EIS for the...

Bureau of Indian Affairs, Native American lands/resources

Sierra Club v. United States Army Corps of Engineers

45 ELR 20182
14-5205 (D.C. Cir., September 2015)

The D.C. Circuit upheld the dismissal of an environmental group's NEPA and CWA claims against the U.S. government in connection with a 593-mile oil pipeline that runs from Illinois to Oklahoma on both public and private lands. Despite the group's claims to the contrary, the government was not...

Nationwide permit, Pipelines

National Parks Conservation Ass'n v. United States Environmental Protection Agency

45 ELR 20185
14-3147 (3d Cir., September 2015)

The Third Circuit vacated and remanded EPA's approval of Pennsylvania's 2014 regional haze SIP. CAA §169A requires states to evaluate the impact that emissions from certain sources of pollution within their borders have on atmospheric visibility in national parks and wilderness areas, known as...

Approval and revision, §110(a)

American Fuel & Petrochemical Manufacturers v. O'Keeffe

45 ELR 20186
3:15-cv-00467 (D. Or., September 2015)

A district court upheld Oregon's clean fuels program, which seeks to reduce lifecycle emissions of greenhouse gases (GHG) 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...

Climate Change, Commerce Clause, Constitutional law, Fuels regulation, §211