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Weekly Cases Update Volume 41, Issue 2

Sierra Club v. Jackson

41 ELR 20067
Nos. 01-1537 et al. (D.D.C. , January 2011)
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A district court ordered EPA to promulgate emission standards for area source boilers, major source boilers, and commercial and institutional solid waste incineration units by February 21, 2011. In March 2006, the court ordered EPA to fulfill its statutory duties regarding the...

Solid waste incineration units

Wilderness Society v. United States Forest Service

41 ELR 20062
No. 09-35200 (9th Cir., January 2011)
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The Ninth Circuit abandoned the "federal defendant" rule, which categorically prohibits private parties and state and local governments from intervening of right on the merits of NEPA claims. The case arose out of the U.S. Forest Service's adoption of a travel plan that designated 1,196...

National Environmental Policy Act (NEPA)

National Mining Ass'n v. Jackson

41 ELR 20066
No. 10-1220 (D.D.C., January 2011)
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A district court held that mining interests may go forward with their CWA, APA, and SMCRA claims against EPA in connection with memoranda and guidance documents concerning permitting processes for coal mining. The documents meet the criteria of final agency actions. The government's view...

Challenges held ripe, Held included, Held included, Mining

Dunn-McCampbell Royalty Interest, Inc. v. National Park Service

41 ELR 20063
No. 09-40187 (5th Cir. , January 2011)
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National Parks System

United States v. Canal Barge Co.

41 ELR 20065
Nos. 09-5388 et al. (6th Circ. , January 2011)
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The Sixth Circuit held that a lower court erred in acquitting defendants convicted for violating the Ports and Waterways Safety Act in connection with a benzene leak from a barge in the Mississippi River. The defendants were convicted for failing to immediately notify the U.S. Coast Guard of a...

District courts

Litgo New Jersey, Inc. v. Martin

41 ELR 20068
No. 06-2891 (D.C. Cir., January 2011)
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A district court modified its equitable allocation of costs under §113 of CERCLA and the New Jersey Spill Act in connection with a site contaminated with TCE and other hazardous substances. The court originally allocated 65% of costs to the plaintiffs, 32% to the defendants, and 3% to the...

Apportionment, New Jersey Spill Act

Murray Energy Corp. v. Federal Energy Regulatory Comm'n

41 ELR 20069
No. 09-1207 (D.C. Cir., January 2011)
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The D.C. Circuit denied a mining company's petition for review challenging two FERC orders certifying and authorizing the construction of a natural gas pipeline above the mining company's longwall underground coal mine. Longwall mining causes the surface above to subside in a planned,...

Natural Gas Act (NGA)
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