Weekly Cases Update Volume 42, Issue 3

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 42, Issue 3

ELR 200202010-5164(Fed. Cir., )

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.

Keywords:
Mitigation, Taking of private property
ELR 2001902-71657, 08-72642(9th Cir., )

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 feder

Keywords:
Federal implementation plans (FIPs), §110(c)(1)
ELR 200184:11-po-005 et al.(D.N.D., )

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.

Keywords:
Violations and penalties, 16 U.S.C. §707
ELR 200151:11-cv-161-MHW(D. Idaho, )

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.

Keywords:
Violations
ELR 2001611-769(D.D.C., )

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 stand

Keywords:
Auto emission standards
ELR 2001711-1049(4th Cir., )

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.

Keywords:
State programs, §503