Weekly Cases Update Volume 43, Issue 3

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 43, Issue 2

ELR 200122012-5008(Fed. Cir. , )

The Federal Circuit reversed and remanded a lower court decision dismissing a developer's Fifth Amendment takings claim against the U.S. Army Corps of Engineers for denying its application for a CWA §404 wetlands fill permit.

Keywords:
"Property" construed, Permit denial
ELR 2001111-2016(2d Cir., )

The Second Circuit affirmed in part and vacated in part a lower court's grant of summary judgment in favor of the NRC in a case challenging its grant of an exemption to the Indian Point nuclear power plant from compliance with certain fire safety regulations.

Keywords:
National Environmental Policy Act (NEPA), Regulatory authority
ELR 2000812-CVS-10(N.C. Super. Ct. , )

A North Carolina court held that the state's environmental agency has the authority to require an egg farm to obtain a NPDES permit to prevent airborne pollutants from reaching state waters.

Keywords:
Stormwater discharges, 402(p), Water pollution
ELR 200133:11-cv-0025-RRB et al.(D. Alaska, )

A district court vacated FWS' final rule designating approximately 187,157 square miles in Alaska and adjacent territorial and U.S.

Keywords:
Critical habitat designation, Polar bear

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