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Weekly Cases Update Volume 41, Issue 31

Town of Barnstable, Massachusetts v. Federal Aviation Administration

41 ELR 20330
10-1276 (D.C. Cir., October 2011)

The D.C. Circuit vacated and remanded the FAA's "no hazard" determinations for a proposed offshore wind farm in Nantucket Sound. A town and a citizens group filed suit arguing that the FAA violated its governing statute, misread its own regulations, and arbitrarily and capriciously failed to...

Energy (generally), Federal Aviation Administration

Natural Resource Defense Council v. Environmental Protection Agency

41 ELR 20331
10-1105 (D.C. Cir., October 2011)

The D.C. Circuit upheld an EPA rule issued in 2010 that amends and clarifies transportation conformity regulations as they pertain to hot spot analyses in particulate matter (PM) nonattainment and maintenance areas. Transportation conformity is required under the CAA to ensure that new...

Conformity requirements, §176(c)

Southern California Gas Co. v. South Coast Air Quality Management District

41 ELR 20329
B226105 (Cal. App. 2d Dist., October 2011)

A California appellate court affirmed a lower court decision denying a natural gas company's petition challenging an air district rule requiring the company to monitor, record, and report changes in the quality of natural gas and air pollutant levels. The district acted reasonably in finding...

Air quality, Air quality standards, California Health and Safety Code

Eagle Pipe & Supply, Inc. v. Amerada Hess Corp.

41 ELR 20333
2010-C-2267 (La., October 2011)

The Supreme Court of Louisiana held that a property owner who discovered radioactive contamination on his land after he purchased it may not file suit against oil and trucking companies allegedly responsible for that contamination. Under Louisiana law, a property owner has no right or actual...

Land use, Property, Purchase agreements