Weekly Cases Update Volume 43, 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 43, Issue 21

ELR 2016713-cv-635(D.D.C., )

A district court upheld an SEC rule imposing certain disclosure requirements for companies that use "conflict minerals" originating in and around the Democratic Republic of the Congo.

Keywords:
Human Rights, Africa
ELR 201692012 CA 008263(D.C. Sup. Ct., )

A D.C. court held that a climate scientist may go forward with his defamation suit against a conservative publication and think tank.

Keywords:
Defamation
ELR 201641O-68-BU-SEH(D. Mont., )

A district court held that the U.S. Forest Service complied with NEPA when it promulgated the land and resource management plan (LRMP) for the Beaverhead-Deerlodge National Forest in Montana.

Keywords:
Beaverhead National Forest, Mont., National forests
ELR 2016111-16959(9th Cir., )

The Ninth Circuit reversed a lower court decision dismissing a conservation group's CWA citizen suit alleging that a scrap metal company violated California's general NPDES permit for industrial stormwater at three of its scrap recycling facilities.

Keywords:
Held not preempted
ELR 2016612-3187(7th Cir., )

The Seventh Circuit upheld a dredge and fill permit issued by the U.S. Army Corps of Engineers for a highway project that crosses wetlands in Indiana. The Corps adequately considered practicable alternatives when it issued the permit.

Keywords:
Permit issuance
ELR 2017110-4135-cv (L), 10-4329-cv (XAP)(2d Cir., )

The Second Circuit affirmed a lower court decision finding oil companies liable for contaminating New York City wells with methyl tertiary butyl ether (MTBE) and awarding a $104.69 million judgment in favor of the city.

Keywords:
Methyl tertiary butyl ether (MTBE)
ELR 2015912-35201 et al.(9th Cir., )

The Ninth Circuit affirmed a lower court decision rejecting claims that the National Marine Fisheries Service (NMFS) violated the ESA when it placed commercial fishing restrictions on sub-regions of the Pacific Ocean inhabited by the endangered western distinct population segment of Stellar sea l

Keywords:
Jeopardize species/habitat, Steller sea lions
ELR 20158No. 08-1200(D.C. Cir., )

The D.C. Circuit remanded for reconsideration EPA's revisions to the secondary, welfare-based NAAQS for ozone, but denied petitions challenging revisions to the primary, health-based ozone NAAQS.

Keywords:
Review and revision, §109(d)
ELR 2016511-9559(10th Cir., )

The Tenth Circuit affirmed an EPA order denying an environmental group's petition to object to a CAA Title V operating permit for a coal-fired power station in Colorado.

Keywords:
Operating permits,§§501-507, Preconstruction requirements, §165
ELR 2016012-9526, -9527(10th Cir., )

The Tenth Circuit upheld an EPA rule in which it rejected Oklahoma's regional haze plan to limit sulfur dioxide emissions at electric utility power plants and replaced it with its own more stringent regulations via a federal implementation plan (FIP).

Keywords:
Oklahoma, Federal implementation plans (FIPs), §110(c)(1)