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Weekly Cases Update Volume 42, Issue 24

In re Tennessee Valley Authority Ash Spill Litigation

42 ELR 20179
3:09-CV-009 et al. (E.D. Tenn., August 2012)

A district court held that the Tennessee Valley Authority (TVA) is liable for damages to property owners and residents following a containment dike failure at its Kingston Fossil plant that spilled more than 5 million cubic yards of coal ash sludge over approximately 300 acres. The court...

Not included, Tennessee Valley Authority

Center for Biological Diversity v. Salazar

42 ELR 20178
10-35123 (9th Cir., August 2012)

The Ninth Circuit upheld FWS regulations issued under the Marine Mammal Protection Act (MMPA) that authorize the incidental take of polar bears and Pacific walruses resulting from oil and gas exploration activities in the Chukchi Sea and on the adjacent coast of Alaska. MMPA §101(a)(5)(A)...

Biological opinion, §7(b), Regulations on takings, §103, Polar bear

EME Homer City Generation, L.P. v. Environmental Protection Agency

42 ELR 20177
11-1302 (D.C. Cir., August 2012)

The D.C. Circuit vacated EPA's transport rule, also known as the Cross-State Air Pollution Rule, which sets sulfur dioxide and nitrogen oxides emissions limits for 28 upwind states based on those states' contributions to downwind states' air quality problems. The CAA's "good neighbor" provision...

State implementation plans (SIPs)

United States v. Place

42 ELR 20176
11-1246 (1st Cir., August 2012)

The First Circuit upheld an individual's conviction for illegally trafficking in sperm whale teeth and narwhal tusks in violation of the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES). The individual argued that the lower court should have instructed the...

Illegal import and export, §9(a)(1)(A)

Friends of Blackwater v. Salazar

42 ELR 20181
11-5128 (D.C. Cir., August 2012)

The D.C. Circuit held that FWS did not violate the ESA by removing the West Virginia Northern Flying Squirrel from the list of endangered species even though several criteria in the agency's recovery plan for the species had not been satisfied. The FWS Secretary reasonably interpreted the ESA as...

Endangered species listing, Recovery plans, §4(f)

Grocery Manufacturers Ass'n v. Environmental Protection Agency

42 ELR 20180
10-1380 (D.C. Cir., August 2012)

The D.C. Circuit held that trade associations for the engine, petroleum, and food industries lack standing to challenge two EPA decisions approving the introduction of E15—a blend of gasoline and 15 percent ethanol—for use in select motor vehicles and engines. EPA granted "partial" waivers...

Fuels regulation, §211