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Weekly Cases Update Volume 41, Issue 36

National Ass'n of Home Builders v. United States Army Corps of Engineers

ELR 20363
10-5169 (D.C. Cir., December 2011)
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The D.C. Circuit held that a home builders association lacked standing to challenge the U.S. Army Corps of Engineers' issuance of nationwide permit (NWP) 46, which allows persons to secure approval for qualifying discharges into "waters of the United States" without going through the more...

"Fairly traceable" construed, Dredge and fill permits

City of San Diego v. Board of Trustees of the California State University

ELR 20359
D057446 (Cal. App. 4th Dist., December 2011)
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A California appellate court held that a state agency's certification of an environmental impact report (EIR) and approval of a master plan for the expansion of a state university violated the California Environmental Quality Act (CEQA). In certifying the EIR and approving the project, the...

Environmental Assessment/Impact Statement, Environmental impact reports (EIRs)

Portland Cement Ass'n v. Environmental Protection Agency

ELR 20358
10-1358, -1359 (D.C. Cir., December 2011)
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The D.C. Circuit remanded EPA's NESHAPs for portland cement facilities. While EPA was establishing the NESHAPs, it was simultaneously developing a definition of commercial and industrial solid waste incinerators (CISWI), which would create a separate category of pollutant sources subject to...

Portland cement emissions regulations

Casitas Municipal Water District v. United States

ELR 20361
05–168L (Fed. Cl., December 2011)
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The Federal Claims Court dismissed a water district's claim that certain operating restrictions on a water project imposed by the National Marine Fisheries Service under the ESA to protect endangered steelhead trout is a physical taking entitling it to compensation under the Fifth Amendment. The...

Wildlife

Washington Environmental Council v. Sturdevant

ELR 20362
C11–417 MJP (W.D. Wash., December 2011)
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A district court held that Washington state must establish reasonably available control technology (RACT) for greenhouse gas emissions. Based on its plain language, the RACT provision contained in Washington's federally approved SIP is not discretionary and requires the state's agencies to...

Air pollution, Climate Change (generally), State implementation plans (SIPs)

District of Columbia v. Potomac Electric Power Co.

ELR 20360
11–00282(BAH) (D.D.C., December 2011)
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A district court denied environmental groups' motion to intervene in a proposed consent decree resolving the District of Columbia's lawsuit against a power company alleging PCB contamination in the Anacostia River, but allowed the groups to participate as amici curiae. Under the consent...

Intervention, FRCP 24

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