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Weekly Cases Update Volume 43, Issue 2

Grocery Manufacturers Ass'n v. Environmental Protection Agency

43 ELR 20015
10-1380 (D.C. Cir., January 2013)

The D.C. Circuit denied a petition to rehear trade associations' lawsuits challenging two EPA decisions approving the introduction of E15—a blend of gasoline and 15 percent ethanol—for use in select motor vehicles and engines. Trade associations for engine, petroleum, and food industries argued...

Reformulated gasoline, Standing to sue

American Road & Transportation Builders v. Environmental Protection Agency

43 ELR 20014
11-1256 (D.C. Cir., January 2013)

The D.C. Circuit dismissed a road building association's lawsuit challenging EPA regulations for nonroad engines and vehicles. The regulations pertain to CAA §209(e), which preempts certain state regulation of nonroad engines. The association petitioned EPA to amend those regulations to broaden...

State standards, §209

Alaska Oil & Gas Ass'n v. Salazar

43 ELR 20013
3:11-cv-0025-RRB et al. (D. Alaska, January 2013)

A district court vacated FWS' final rule designating approximately 187,157 square miles in Alaska and adjacent territorial and U.S. waters as critical habitat for the polar bear, ruling that the designation "went too far and was too extensive." Although the final rule is valid in many respects,...

Critical habitat designation, Polar bear

Lost Tree Village Corp. v. United States

43 ELR 20012
2012-5008 (Fed. Cir. , January 2013)

The Federal Circuit reversed and remanded a lower court decision dismissing a developer's Fifth Amendment takings claim against the U.S. Army Corps of Engineers for denying its application for a CWA §404 wetlands fill permit. The property is located on a barrier island of Florida, much of which...

"Property" construed, Permit denial

Brodsky v. United States Nuclear Regulatory Commission

43 ELR 20011
11-2016 (2d Cir., January 2013)

The Second Circuit affirmed in part and vacated in part a lower court's grant of summary judgment in favor of the NRC in a case challenging its grant of an exemption to the Indian Point nuclear power plant from compliance with certain fire safety regulations. Environmental and citizens groups...

National Environmental Policy Act (NEPA), Regulatory authority

Rose Acre Farms, Inc. v. NC Department of Environment & Natural Resources

43 ELR 20008
12-CVS-10 (N.C. Super. Ct. , January 2013)

A North Carolina court held that the state's environmental agency has the authority to require an egg farm to obtain a NPDES permit to prevent airborne pollutants from reaching state waters. The egg farm does not make any direct discharges into state waters, but ammonia and other pollutants may...

Water pollution, Stormwater discharges, 402(p)