Weekly Cases Update Volume 44, Issue 10

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 44, Issue 22

ELR 2017201-1537(D.D.C., )

A district court held that EPA failed to set emissions standards for hazardous air pollutants under CAA §112(c)(6) in violation of prior court orders.

Keywords:
Hazardous air pollutants, §112
ELR 201713:13-CV-01214(W.D. Ky., )

A district court held that a group of residents may go forward with their state tort law claims against a Kentucky power plant. The residents alleged that the plant emits dust and coal ash into the air and onto their homes and properties several times a month.

Keywords:
Held not preempted
ELR 2017313-5281(D.C. Cir., )

The D.C. Circuit upheld USDA regulations mandating the disclosure of country-of-origin information about meat products.

Keywords:
Agriculture, Free speech
ELR 201763:12-cv-00466(D. Idaho, )

A district court denied environmental groups' motion for an injunction and stay of an earlier decision that allows logging operations in the Nez Perce National Forest to proceed. The court previously held that the U.S.

Keywords:
Nez Perce National Forest, Idaho
ELR 2017412-2106, -3607(2d Cir., )

The Second Circuit reversed a lower court decision that FDA was required to hold hearings to determine whether to withdraw approval for the use of penicillin and tetracyclines in animal feed.

Keywords:
Agriculture, Federal Food, Drug, and Cosmetic Act (FFDCA)
ELR 201775253(S,C,, )

The South Carolina Supreme Court held that the operator of a low-level radioactive waste disposal facility failed to comply with state groundwater protection regulations and must therefore submit a written plan for compliance or face potential revocation of its operating license.

Keywords:
Groundwater, South Carolina
ELR 2017513-30262(5th Cir., )

The Fifth Circuit upheld a lower court's dismissal of a lawsuit challenging the U.S. Army Corps of Engineers' jurisdictional determination (JD) that a proposed landfill site contains wetlands subject to regulation under the CWA.

Keywords:
Wetlands determination, Judicial review, §509
ELR 201782:13-20571(S.D. W. Va., )

A district court held that a mining company allowed excessive amounts of selenium to be discharged from one of its surface coal mine operations in violation of the CWA and SMCRA.

Keywords:
Surface Mining Control and Reclamation Act (SMCRA), State standards, §303(a), Surface mining
ELR 20170A14A0215 et al.(Ga. Ct. App., )

A Georgia appellate court held that the 25-foot buffer requirement set forth in Georgia’s Erosion and Sedimentation Act applies to all state waters and wetlands, not just those with vegetation wrested by normal stream flow or wave action.

Keywords:
Wetlands, Wetlands

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