The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.
Volume 41, Issue 19
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.
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.
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 program.
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 qualifies as final agency action.
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.
A district court, in a 116-page opinion, upheld the FWS' final rule listing the polar bear as a threatened species under the ESA.