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Weekly Cases Update Volume 42, Issue 23

In re 'Iao Ground Water Management Area High-Level Source Water Use Permit Applications

42 ELR 20174
SCAP-30603 (Haw., August 2012)

The Supreme Court of Hawaii vacated and remanded the interim instream flow standards set by Hawaii's Commission on Water Resource Management for the Waihe'e River and the Waiehu, 'Iao, and Waikapu streams, collectively referred to as Na Wai 'Eha, or "the four great waters of Maui." In...

Water pollution, Groundwater

Texas v. United States Environmental Protection Agency

42 ELR 20173
10-60614 (5th Cir., August 2012)

The Fifth Circuit vacated EPA's disapproval of Texas's flexible permit program under the CAA. Texas submitted the program to EPA as a revision to its SIP and as a new feature of the state's minor new source review (NSR) regime. Under the program, modifications to facilities could be made without...

Air pollution, Approval and revision, §110(a), New source review

Grand Canyon Trust v. United States Bureau of Reclamation

42 ELR 20169
11-16326 (9th Cir., August 2012)

The Ninth Circuit affirmed in part a lower court decision dismissing an environmental group's lawsuit challenging the U.S. Bureau of Reclamation's annual operating plans for the Glen Canyon Dam along the Colorado River under NEPA, the ESA, and the APA. The group was concerned about the dam's...

Held not included, Bureau of Reclamation

Ohio Valley Environmental Coalition v. United States Environmental Protection Agency

42 ELR 20175
3:11-0149 (S.D. W. Va., August 2012)

A district court upheld the U.S. Army Corps of Engineers' decision to issue a CWA §404 permit to a mining company for the construction of a valley fill and sediment pond in conjunction with the Reylas Surface Mine in West Virginia. The Corps' adoption of a compensatory mitigation plan that will...

Permit issuance

Wildearth Guardians v. Public Service Co. of Colorado

42 ELR 20171
11-1400 (10th Cir., August 2012)

The Tenth Circuit dismissed as moot an environmental group's CAA citizen suit against an energy company for building a new coal-fired power plant in Pueblo, Colorado, without a valid construction permit. Although the project initially complied with all applicable federal and state laws when...

CAA, Maximum achievable control technology (MACT)

Native Village of Kivalina IRA Council v. United States Environmental Protection Agency

42 ELR 20170
11-70776 (9th Cir., August 2012)

The Ninth Circuit upheld an EPA Environmental Appeals Board (EAB) order denying a native village's petition for review of an NPDES permit authorizing the discharge of wastewater from an Alaskan lead and zinc mine. The village failed to demonstrate why EPA's responses to comments were clearly...

Permit issuance

United States v. NCR Corp.

42 ELR 20172
12-2069 (7th Cir., August 2012)

The Seventh Circuit upheld a lower court's preliminary injunction compelling a PRP to complete the remediation work concerning PCB contamination at the Fox River in Wisconsin that was scheduled for this year. The PRP has performed a significant amount of cleanup at the site. But in 2011 it...

Joint and several liability, Preliminary