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Weekly Cases Update Volume 42, Issue 17

American Petroleum Institute v. Environmental Protection Agency,

ELR 20123
No. 09-1038 (D.C. Cir., June 2012)

The D.C. Circuit held unripe an oil and natural gas association's petition for review challenging a 2008 EPA regulation deregulating many hazardous secondary materials under RCRA. The association argued that EPA erred in not including in the deregulation a category of hazardous secondary...

Challenges held unripe, Identification and listing of hazardous waste

New York v. Nuclear Regulatory Commission

ELR 20124
No. 11-1045 (D.C. Cir., June 2012)

The D.C. Circuit vacated NRC rulemakings concerning the temporary storage and permanent disposal of spent nuclear fuel. Four states, an Indian community, and a number of environmental groups filed a petition for review challenging NRC's "waste confidence decision" (WCD), which, among other...

Held included, Waste disposal

Kaahumanu v. Hawaii

ELR 20118
No. 10-15645 (9th Cir., June 2012)

The Ninth Circuit upheld the constitutionality of Hawaii's regulation of commercial weddings on the state's unencumbered beaches in all respects but one. A pastor and wedding planning companies filed suit against the state's Department of Land and Natural Resources (DLNR) alleging that its...

First Amendment, Hawaii

Pennsylvania v. Lockheed Martin Corp.

ELR 20119
No. 10-4068 (3d Cir., June 2012)

The Third Circuit vacated as moot a lower court decision that dismissed a contractor's third-party complaint against Pennsylvania and the commonwealth's natural resources agency for cleanup costs associated with Quehanna Wild Area Nuclear Site. The contractor argued that the lower court...

Contribution, Sites

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

ELR 20117
No. 11 Civ. 3562 (S.D.N.Y., June 2012)

A district court held that the FDA violated the APA and the Food, Drug, and Cosmetic Act (FDCA) when it denied two petitions requesting that it withdraw approval of some uses of certain classes of antibiotics in food-producing animals. The petitions, submitted by environmental groups in 1999...

Federal Food, Drug, and Cosmetic Act (FFDCA)

National Ass'n of Regulatory Utility Commissioners v. United States Department of Energy

ELR 20120
Nos. 11-1066, -1068 (D.C. Cir., June 2012)

The D.C. Circuit held that the DOE Secretary's 2010 determination that there was no basis for suspending, or otherwise adjusting, annual fees collected from nuclear power plant owners and operators following the government's decision to discontinue its development of Yucca Mountain violated the...

Nuclear Waste Fund, §302, Nuclear Waste Policy Act powers and duties

Gulf Restoration Network, Inc. v. Salazar

ELR 20121
Nos. 10-60411 et al. (5th Cir., May 2012)

The Fifth Circuit dismissed environmental groups' petitions challenging DOI's approval of 16 oil well exploration and development plans that were issued between March 29 and May 20, 2010, under the Outer Continental Shelf Lands Act (OCSLA). The groups argued that the agency failed to...

Held not satisfied, Oil and gas leasing

Center for Community Action & Environmental Justice v. Union Pacific Corp.

ELR 20122
No. 11-08608 (C.D. Cal., May 2012)

A district court dismissed environmental groups' complaint against two railroad companies alleging that diesel particulate matter (DPM) emitted by diesel-engine locomotives, trucks, and other equipment has caused and is causing an imminent and substantial risk to human health and the...

Claims barred, Held not included