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Weekly Cases Update Volume 42, Issue 10

Luminant Generation Co. v. United States Environmental Protection Agency

42 ELR 20072
10-60891 (5th Cir., March 2012)

The Fifth Circuit vacated EPA's disapproval of three Texas regulations that provide for a standardized permit for minor new source review (NSR) pollution control projects that reduce or maintain current emissions rates. EPA had no legal basis on which to disapprove the permit. EPA used Texas...

New source review

Scarborough Citizens Protecting Resources v. U.S. Fish & Wildlife Service

42 ELR 20074
11-1597 (1st Cir., March 2012)

The First Circuit upheld the dismissal of a citizen group's lawsuit against the FWS in a suit concerning Maine's conveyance of easements on a recreational trail purchased with federal funds. The Wildlife Restoration Act, enacted in 1937, authorizes the Secretary of the Interior to disburse...

Actions not reviewable, Easements

Natural Resources Defense Council, Inc. v. United States Food & Drug Administration

42 ELR 20073
11 civ. 3562 (S.D.N.Y., March 2012)

A district court held that the FDA must reconsider its approval of certain antibiotics used in animal feed unless, after a hearing, the drug uses at issue are determined to be safe. In 1977, the FDA issued notices of an opportunity for hearing (NOOHs) on proposals to withdraw penicillin and...

Federal Food, Drug, and Cosmetic Act (FFDCA)

Gregory Village Partners, L.P. v. Chevron U.S.A., Inc.

42 ELR 20075
11-1597 (N.D. Cal., March 2012)

A district court held that a property owner may go forward with its RCRA claims against neighboring property owners for groundwater and soil contamination, but it dismissed the owner's CERCLA claim against a water district that operated a sewer line between the two properties. The owner...

Arrangers, Claims allowed