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Weekly Cases Update Volume 43, Issue 21

Oklahoma v. United States Environmental Protection Agency

ELR 20160
12-9526, -9527 (10th Cir., July 2013)

The Tenth Circuit upheld an EPA rule in which it rejected Oklahoma's regional haze plan to limit sulfur dioxide emissions at electric utility power plants and replaced it with its own more stringent regulations via a federal implementation plan (FIP). Petitioners—the state of Oklahoma, the...

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

Hoosier Environmental Council v. United States Army Corps of Engineers

ELR 20166
12-3187 (7th Cir., July 2013)

The Seventh Circuit upheld a dredge and fill permit issued by the U.S. Army Corps of Engineers for a highway project that crosses wetlands in Indiana. The Corps adequately considered practicable alternatives when it issued the permit. Although the Corps has an independent responsibility to...

Permit issuance

Poet v. California Air Resources Board

ELR 20163
F064045 (Cal. Ct. App. 5th Dist., July 2013)

A California appellate court held that the California Air Resources Board (CARB) violated the California APA and the California Environmental Quality Act (CEQA) when it adopted its Low Carbon Fuel Standards (LCFS) regulations to reduce the carbon content of transportation fuels sold, supplied,...

Climate Change (generally), Environmental impact reports (EIRs)

Genon Rema, LLC v. United States Environmental Protection Agency

ELR 20167
12-1022 (3d Cir., July 2013)

The Third Circuit upheld an EPA rule imposing sulfur dioxide (S02) limits on a coal-fired power plant in Pennsylvania whose emissions travel directly across a river into areas of New Jersey. The owner of the plant challenged EPA's authority to impose direct regulations on the plant before the...

Interstate pollution abatement, §126