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News & Analysis In the Courts Volume All, Issue All

Cloud Peak Energy Inc. v. United States Department of the Interior

ELR 20172
19-CV-120-SWS, 19-CV-121-SWS, and 19-CV-126-SWS (D. Wyo., September 2021)
A district court upheld in part and vacated in part a 2016 rule of the Office of Natural Resources Revenue, which effectively changed how royalties owed to the federal government are calculated on oil, gas, and coal produced from federal land and offshore leases as well as coal produced from Indian land.

Hoboken, City of v. Exxon Mobil Corp.

ELR 20173
20-cv-14243 (D.N.J., September 2021)
A district court remanded to state court a climate liability lawsuit brought by the city of Hoboken, New Jersey, against large oil and gas companies.

Northwest Environmental Defense Center v. United States Army Corps of Engineers

ELR 20171
3:18-cv-00437-HZ (D. Or., September 2021)
A district court granted interim injunctive relief for environmental groups in a lawsuit concerning the Army Corps of Engineers' operation of dams in the Willamette River Basin.

Labor Council for Latin American Advancement v. United States Environmental Protection Agency

ELR 20170
19-1042(L), 19-1044, and 19-2329 (2d Cir., September 2021)
The Second Circuit denied two petitions to review EPA's final rule restricting access by customers to methylene chloride.

Missouri v. Biden

ELR 20169
4:21-cv-00287-AGF (E.D. Mo., August 2021)
A district court dismissed a challenge to the president's Executive Order No. 13990, which established an interagency working group on the social cost of greenhouse gases and directed the group to publish interim estimates for the social costs of GHG emissions.

In re Enbridge Line 3 Replacement Project in Minnesota Kittson, Marshall, Pennington, Polk, Red Lake, Clearwater, Hubbard, Wadena, Cass, Crow Wing, Aitkin, St. Louis, and Carlton Counties Section 401 Water Quality Certification

ELR 20168
A20-1513 (Minn. Ct. App., August 2021)
A Minnesota appellate court affirmed the Minnesota Pollution Control Agency's decision to issue a CWA §401 certification for the Line 3 crude oil pipeline replacement project.

Pasqua Yaqui Tribe v. United States Environmental Protection Agency

ELR 20167
CV-20-00266-TUC-RM (D. Ariz., August 2021)
A district court vacated and remanded EPA's and the Army Corps of Engineers' Navigable Waters Protection Rule, which established a new definition of "waters of the United States" under the CWA.

Hearth, Patio & Barbecue Ass'n v. Environmental Protection Agency

ELR 20166
15-1056 (D.C. Cir., August 2021)
The D.C. Circuit denied a challenge to EPA's 2015 rule updating the standards under which the Agency audits wood-burning heaters' compliance with CAA emissions limits.

Ass'n of Irritated Residents v. U.S. Environmental Protection Agency

ELR 20165
19-71223 (9th Cir., August 2021)
The Ninth Circuit granted in part and denied in part a petition to review EPA's final rule approving California's SIP for meeting the air quality standard for ozone in the San Joaquin Valley.

Missouri v. United States Department of the Interior

ELR 20164
2:20-cv-4018-NKL (W.D. Mo., August 2021)
A district court denied summary judgment for the state of Missouri in a challenge to the Bureau of Reclamation's approval of a water supply project in North Dakota.
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