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News & Analysis In the Courts Volume 43, Issue 11

North Dakota v. United States Environmental Protection Agency

43 ELR 20219
Nos. 12-1844 et al. (8th Cir., September 2013)
The Eighth Circuit vacated and remanded EPA's best available retrofit technology determination for a large power plant in North Dakota, but otherwise upheld EPA's partial disapproval of two SIPs submitted by North Dakota to meet the CAA's visibility requirements as well as the Agency's federal implementation plan addressing those portions of the SIPs that were disapproved.

Gulf Restoration Network v. Jackson

43 ELR 20218
No. 12-677 (E.D. La., September 2013)
A district court ordered EPA to conduct a necessity determination under CWA §303(c)(4)(B) in response to an environmental group's petition asking the Agency to establish water quality standards to control nitrogen and phosphorous pollution in the mainstem of the Mississippi River and the Northern Gulf of Mexico.

United States v. Alabama Power Co.

43 ELR 20221
No. 11-12168 (11th Cir., September 2013)
The Eleventh Circuit reversed a lower court decision excluding the testimony of two expert witnesses in the government's case against a power company for making major modifications at three of its coal-fired power plants without obtaining a permit or installing modern pollution control devices.

Biodiversity Conservation Alliance v. Bureau of Land Management

43 ELR 20220
No. 2:12-CV-252-SWS (D. Wyo., September 2013)
A district court held that BLM complied with NEPA and FLPMA when it authorized a uranium mining project in south central Wyoming.

Northwest Resource Information Center, Inc. v. Northwest Power & Conservation Council

43 ELR 20217
No. 10-72104 (9th Cir., September 2013)
The Ninth Circuit upheld the Northwest Power and Conservation Council's 20-year plan to provide adequate and reliable energy at the lowest economic and environmental cost to the Northwest.

Rocky Mountain Farmers Union v. Corey

43 ELR 20216
12-15131, -15135 (9th Cir., September 2013)
The Ninth Circuit held that the California Air Resource Board (CARB) low carbon fuel standard's regulation of ethanol does not facially discriminate against out-of-state commerce.

American Farm Bureau Federation v. United States Environmental Protection Agency

43 ELR 20213
1:11-CV-0067 (M.D. Pa., September 2013)
A district court upheld EPA's final TMDL for the Chesapeake Bay against challenges from farmer and home building groups.

Rockies Express Pipeline LLC v. Salazar

43 ELR 20214
2012-1055, -1174 (Fed. Cir., September 2013)
The Federal Circuit held that the Minerals Management Service breached its contract with a natural gas pipeline construction company involving the construction of two segments of a pipeline that extends from Wyoming to Ohio.

Louisiana Department of Environmental Quality v. United States Environmental Protection Agency

43 ELR 20215
12-60482 (5th Cir., September 2013)
The Fifth Circuit held that it lacked jurisdiction to review petitions challenging EPA's objection to three CAA Title V permits issued by the Louisiana Department of Environmental Quality for a proposed ironmaking facility.

Wild Fish Conservancy v. Jewell

43 ELR 20212
10-35303 (9th Cir., September 2013)
The Ninth Circuit dismissed a conservation group's lawsuit challenging DOI's diversion of water from Icicle Creek, a tributary of the Wenatchee River and the Columbia River, to the Leavenworth National Fish Hatchery without a state permit.