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Weekly Cases Update Volume 41, Issue 19

Center for Biological Diversity v. United States Environmental Protection Agency

41 ELR 20219
10-00985 (D.D.C., July 2011)

A district court held that EPA need not issue endangerment findings under the CAA for marine vessels and nonroad vehicles and engines, but it denied the Agency's motion to dismiss environmental groups' request for an endangerment finding with respect to aircraft engines. EPA argued that the CAA...

Aircraft, §231, Nonroad engines and vehicles, §213

In re Aiken County

41 ELR 20222
10-1050 (D.C. Cir., July 2011)

The D.C. Circuit dismissed petitions for review challenging DOE's attempt to withdraw its application to NRC for a license to construct a permanent nuclear waste repository at Yucca Mountain,...

Nuclear Waste

Sierra Club v. Jackson

41 ELR 20224
10-5280 (D.C. Cir., July 2011)

The D.C. Circuit upheld the dismissal of a CAA citizen suit challenging EPA's failure to take action to prevent the construction of three proposed pollution-emitting facilities in Kentucky. The lower court held that there was no mandatory duty to act and granted EPA's motion to dismiss for...

Citizen suits, §304, Preconstruction requirements, §165

Natural Resources Defense Council v. Environmental Protection Agency

41 ELR 20223
10-1056 (D.C. Cir., July 2011)

The D.C. Circuit vacated an EPA guidance document addressing obligations of regions still in nonattainment of the 1997 one-hour ozone NAAQS. The guidance binds EPA regional directors and thus...

National ambient air quality standards (NAAQS), §109

In re Polar Bear Endangered Species Act Listing

41 ELR 20220
08-764 (D.D.C., June 2011)

A district court, in a 116-page opinion, upheld the FWS' final rule listing the polar bear as a threatened species under the ESA. The FWS' decision to list the bear represents a reasoned...

Threatened species listing, Polar bear

Guam Preservation Trust v. Gregory

41 ELR 20221
10-00677 (D. Haw., June 2011)

A district court, in an underlying NEPA suit, denied the Navy's request for a voluntary remand for further consideration of the future location of a firing range complex in Guam. Plaintiffs...

Civil Procedure, National Environmental Policy Act (NEPA), Navy, Department of the

Mildenberger v. United States

41 ELR 20225
2010-5084 (Fed. Cir., June 2011)

The Federal Circuit upheld the dismissal of landowners' suit against the United States seeking compensation for the alleged taking of their riparian and upland property rights stemming from U.S. Army Corps of Engineers activities to control water levels in Lake Okeechobee. The landowners'...

Permanent physical takings

Natural Resources Defense Council v. South Coast Air Quality Management District

41 ELR 20218
09-57064 (9th Cir., June 2011)

The Ninth Circuit upheld the dismissal of an environmental group's CAA claim challenging an air quality district's method for offsetting emissions increases in its new source review permit...

Enforcement, New source review

In re MDL-1824 Tri-State Water Rights Litigation

41 ELR 20217
09-14657 (11th Cir., June 2011)

The Eleventh Circuit held that the U.S. Army Corps of Engineers may allocate storage water in Lake Lanier, a reservoir created in 1956 by the completion of Buford Dam on the Chattahoochee River, for water supply. A lower court ruled that the Corps' current operation of the Buford Project—Buford...

Rivers and Harbors Act (RHA), Water allocation under federal law

Hillsdale Environmental Loss Center v. United States Army Corps of Engineers

41 ELR 20226
0-2008-CM-DJW, -2068-JTM-DWB (D. Kan., June 2011)

A district court dismissed an environmental group's claim that the U.S. Army Corps of Engineers violated NEPA, the CWA, and the APA by granting a CWA §404 permit to a railroad company without...

Environmental impact statement (EIS), Railroads