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News & Analysis In the Courts Volume All, Issue All

Natural Resources Defense Council, Inc. v. Environmental Protection Agency

50 ELR 20217
16-1861 (JDB) (D.D.C., September 2020)
A district court denied a motion to reconsider its 2018 ruling that gave EPA discretion as to how to establish a new TMDL for trash in the Anacostia River.

Tinian Women Ass'n v. United States Department of the Navy

50 ELR 20215
18-16723 (9th Cir., September 2020)
The Ninth Circuit affirmed summary judgment for the U.S. Navy in a challenge to its decisions to relocate troops from Okinawa, Japan, to Guam and construct training facilities on the Commonwealth of the Northern Mariana Islands.

Mineral County v. Lyon County

50 ELR 20218
75917 (Nev., September 2020)
The Nevada Supreme Court held that the public trust doctrine did not permit reallocation of water rights already adjudicated and settled under the doctrine of prior appropriation in a lawsuit concerning established water rights for a deteriorating lake in western Nevada.

United States v. United Park City Mines Co.

50 ELR 20214
18-4110 (10th Cir., September 2020)
The Tenth Circuit upheld a lower court ruling ordering mining and finance companies to comply with EPA's requests for information related to cleanup of a contaminated site in Utah.

Wild Virginia v. Council on Environmental Quality

50 ELR 20216
3:20CV00045 (W.D. Va., September 2020)
A district court denied environmental groups' motion to preliminarily enjoin or stay a rule issued by CEQ revising the regulations for federal agencies to follow in implementing NEPA.

Idaho Conservation League v. U.S. Environmental Protection Agency

50 ELR 20219
18-72684 (9th Cir., September 2020)
In an unpublished opinion, the Ninth Circuit granted in part and denied in part an environmental group's petition to review EPA's approval of the Idaho Pollution Discharge Elimination System.

New Jersey Department of Environmental Protection v. American Thermoplastics Corp.

50 ELR 20210
18-2865 and 19-2243 (3d Cir., September 2020)
The Third Circuit held that a PRP's settlement with New Jersey resolving its state-law liability in connection with contamination at a municipal landfill did not protect the party from lawsuits seeking contribution toward expenditures made by EPA on the same site.

Nanouk v. United States

50 ELR 20208
19-35116 (9th Cir., September 2020)
The Ninth Circuit vacated dismissal of a Federal Tort Claims Act (FTCA) lawsuit brought against the U.S. government concerning pollution from an abandoned military facility in Alaska.

New York v. National Highway Traffic Safety Administration

50 ELR 20207
19-2395-ag (L) and 19-2508-ag (CON) (2d Cir., August 2020)
The Second Circuit vacated a final rule published by the National Highway Traffic Safety Administration that reversed the agency's 2016 civil penalty increase for noncompliance with Corporate Average Fuel Economy standards.

Weymouth, Town of v. Massachusetts Department of Environmental Protection

50 ELR 20213
19-1794 (1st Cir., August 2020)
The First Circuit amended a previous ruling vacating an air permit issued by the Massachusetts Department of Environmental Protection for a proposed natural gas compressor station that is part of a pipeline connecting the northeastern United States and Canada.
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