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Current Weekly Cases Update

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please refer to the Weekly Cases archives.

Volume 50, Issue 28

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

50 ELR 20217
Nos. 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. An environmental group argued that little progress had been made since the 2018 ruling and that the court should require the Agency to...

Total maximum daily loads (TMDLs), §303(d)

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

50 ELR 20215
Nos. 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 (CNMI). Environmental groups argued the Navy's decisions were "...

Environmental impact statement (EIS)

Mineral County v. Lyon County

50 ELR 20218
Nos. 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. The court found that...

Water allocation under state law

United States v. United Park City Mines Co.

50 ELR 20214
Nos. 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. The companies argued that EPA exceeded its authority under CERCLA when it issued the information requests, the...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Wild Virginia v. Council on Environmental Quality

50 ELR 20216
Nos. 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. The groups argued that the rule was inconsistent with NEPA because, among other things, it improperly removed...

CEQ regulations

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

50 ELR 20219
Nos. 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 (IPDES). Specifically, the court denied the petition with respect to the group's challenges concerning...

State programs, §402(b)