Jump to Navigation
Jump to Content

Weekly Cases Update Volume 42, Issue 3

Montana Sulphur & Chemical Co. v. United States Environmental Protection Agency

ELR 20019
02-71657, 08-72642 (9th Cir., January 2012)

The Ninth Circuit denied a chemical company's petitions for review challenging EPA's partial disapproval of a proposed revision to Montana's SIP governing sulfur dioxide (SO2) emissions, its 1993 "SIP Call" that started the review process, and the Agency's 2008 federal implementation plan (FIP)...

Federal implementation plans (FIPs), §110(c)(1)

Hearts Bluff Game Ranch, Inc. v. United States

ELR 20020
2010-5164 (Fed. Cir., January 2012)

The Federal Circuit affirmed a lower court decision dismissing a landowner's claim for just compensation under the Fifth Amendment for an alleged taking based on the U.S. Army Corps of Engineers' denial of the landowner's proposal to operate a mitigation bank on its property. A mitigation...

Mitigation, Taking of private property

Navistar v. Jackson

ELR 20016
11-769 (D.D.C., January 2012)

A district court dismissed an automobile engine manufacturer's lawsuit against EPA seeking to force the Agency to recall model year 2010 heavy-duty diesel engines equipped with liquid, urea-based selective catalyst reduction (SCR) technology for failing to comply with CAA emissions standards...

Auto emission standards

United States v. Brigham Oil & Gas, L.P.

ELR 20018
4:11-po-005 et al. (D.N.D., January 2012)

A district court held that oil and gas companies should not be criminally charged under the Migratory Bird Treaty Act (MBTA) for the death of migratory birds found in North Dakota oil fields. The MBTA, as broadly interpreted by the U.S. government, offers unlimited potential for criminal...

Violations and penalties, 16 U.S.C. §707

Ohio River Valley Environmental Coalition v. Salazar

ELR 20017
11-1049 (4th Cir., January 2012)

The Fourth Circuit affirmed a lower court decision dismissing an environmental group's lawsuit challenging the OSM's approval of two amendments to West Virginia's surface coal mining regulations. One amendment repeals the definition of "cumulative impact" in the state's cumulative hydrologic...

State programs, §503

Idaho Conservation League v. Atlanta Gold Corp.

ELR 20015
1:11-cv-161-MHW (D. Idaho, January 2012)

A district court held that a mining company is liable for discharging arsenic and iron into a nearby creek in violation of its NPDES permit. The company did not deny or admit that it is in violation of its permit. Instead, it argued that the environmental group that filed suit against it...