Weekly Cases Update Volume 42, Issue 9

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 42, Issue 21

ELR 2015309-17661(9th Cir., )

The Ninth Circuit held that the Bureau of Reclamation did not violate the ESA when it renewed 41 water service contracts in California despite concerns over the endangered delta smelt.

Keywords:
Jeopardize species/habitat, §7(a)(2)
ELR 201451:11cv-00161-MHW(D. Idaho, )

A district court ordered a mining company to comply with the CWA by October 31, 2012, and to pay over $2 million in penalties for CWA violations in Montezuma Creek, a tributary of the Middle Fork Boise River near Atlanta, Idaho.

Keywords:
Violations
ELR 2015510-1252(D.C. Cir., )

The D.C. Circuit dismissed petitions challenging EPA's primary NAAQS for sulfur dioxide (SO2).

Keywords:
Review and revision, §109(d)
ELR 2015610-1107(D.C. Cir., )

The D.C. Circuit dismissed a petition challenging an EPA rule issued under the Energy Independence and Security Act of 2007 (EISA) concerning ethanol fuel.

Keywords:
Energy (generally)
ELR 2015710-1079(D.C. Cir., )

The D.C. Circuit denied petitions challenging EPA's one-hour primary NAAQS for nitrogen dioxide (NOx).

Keywords:
Review and revision, §109(d)
ELR 20158284(Commw. Ct. Pa., )

A Pennsylvania appellate court partially struck down Act 13, which pertains to oil and gas operations in the Marcellus Shale, as unconstitutional.

Keywords:
Energy (generally), Zoning, Land use
ELR 20159D-101-CV-2011-01514(D.N.M., )

A district court held that a minor may bring a climate change lawsuit against the state of New Mexico under the public trust doctrine.

Keywords:
Climate Change (generally)
ELR 20160A-5248-10T4(Sup. Ct. N.J., )

A New Jersey appellate court held that a town that acquired property containing a former landfill in an eminent domain action cannot require part of the condemnation award to be set aside for remediation purposes.

Keywords:
Condemnation

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