Jump to Navigation
Jump to Content

Weekly Cases Update Volume 41, Issue 4

Association of Irritated Residents v. United States Environmental Protection Agency

ELR 20082
Nos. 09-71383 (9th Cir., February 2011)

The Ninth Circuit granted citizen groups' petition for review of a final action by EPA approving in part and disapproving in part revisions to California's SIP for meeting CAA air quality standards for ozone. EPA's failure to order California to submit a revised attainment plan for the...

Approval and revision, §110(a)

Ocean County Landfill Corp. v. United States Environmental Protection Agency

ELR 20079
No. 09-2937 (3d Cir., February 2011)

The Third Circuit dismissed a petition for review of an EPA letter opining that facilities operated by a landfill and a neighboring energy company were under common control for purposes of air emissions permitting. The landfill owner challenged EPA's determination under CAA §307(b)(1),...

Clean Air Act (CAA)

Hornbeck Offshore Services, LLC v. Salazar

ELR 20081
No. 10-1663 (E.D. La., February 2011)

A district court held DOI in contempt of court for imposing a second moratorium on deepwater oil drilling in the Gulf of Mexico after the court preliminarily enjoined the agency from enforcing the agency's original moratorium. Shortly after the Deepwater Horizon disaster, DOI issued a...

Secretary's powers

California Wilderness Coalition v. U.S. Department of Energy

ELR 20078
Nos. 08-71074 et al. (9th Cir. , February 2011)

The Ninth Circuit vacated and remanded DOE's energy transmission congestion study and national interest electric transmission (NIET) corridor designations prepared under the Energy Policy Act of 2005 (EPAct). The EPAct added §216 to the Federal Power Act, requiring DOE to prepare the...

Electric transmission facility siting, Energy resource projects, Energy, Department of

Huffman v. United States Environmental Protection Agency

ELR 20086
No. 2:10-01189 (S.D. W. Va., January 2011)

A district court granted a motion to transfer the West Virginia environmental agency's action against EPA and the U.S. Army Corps of Engineers challenging their permitting processes for coal mining to the D.C. District Court for consolidation with another case filed by a mining industry...

Venue, Permit procedures

Jayne v. Rey

ELR 20076
No. 4:CV 09-015-BLW (D. Idaho, January 2011)

A district court upheld the FWS' biological opinion and the U.S. Forest Service's EIS and record of decision for the Idaho Roadless Rule. The court therefore denied environmental groups' request to enjoin the rule and replace it with the nationwide roadless rule that was enacted in 2001...

Environmental impact statement (EIS), Idaho, Biological opinion, §7(b)

El Paso Natural Gas Co. v. United States

ELR 20077
No. 10-5080 (D.C. Cir., January 2011)

The D.C. Circuit upheld the dismissal of a Native American tribe's case against DOE asking it to clean up two contaminated sites under the Uranium Mill Tailings Remediation and Control Act (UMTRCA). The sites, located on Navajo tribal land, were contaminated by Word War II and Cold War...

Hazardous wastes & substances, Nuclear Waste

Northern California River Watch v. Wilcox

ELR 20084
No. 08-15780 (9th Cir., January 2011)

The Ninth Circuit amended dicta set forth in its prior opinion at 40 ELR 20233, which held that property owners and three employees of the California Department of Fish and Game did not violate the ESA when they dug up and removed...

"Take," §9(a)(1)(B), Wetlands

Sullins v. Exxon/Mobil Corp

ELR 20085
No. 08-04927 (N.D. Cal., January 2011)

A district court ruled in favor of the defendant in a property owners' suit seeking to recover damages, cleanup costs, and a cleanup injunction resulting from environmental contamination on their property allegedly caused by an oil company. The owners failed to prove by a preponderance...

Imminent and substantial endangerment, §7002(a)(1)(B)

Chico Service Station, Inc. v. Sol Puerto Rico Ltd.

ELR 20083
No. 10-1200 (1st Cir., January 2011)

The First Circuit, in a case of first impression, vacated a lower court decision that it should abstain from hearing a RCRA citizen suit concerning the cleanup of contamination caused by leaking USTs at a former gasoline filling station in Puerto Rico. The pendency of parallel state...

Burford doctrine, Citizen suits, §7002