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Weekly Cases Update Volume 43, Issue 26

Rocky Mountain Farmers Union v. Corey

ELR 20216
12-15131, -15135 (9th Cir., September 2013)
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The Ninth Circuit held that the California Air Resource Board (CARB) low carbon fuel standard's regulation of ethanol does not facially discriminate against out-of-state commerce. CARB treats all ethanol within each regional category the same, and its decision to draw one of the regional...

Air pollution, Climate Change, Climate Change (generally)

American Farm Bureau Federation v. United States Environmental Protection Agency

ELR 20213
1:11-CV-0067 (M.D. Pa., September 2013)
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A district court upheld EPA's final TMDL for the Chesapeake Bay against challenges from farmer and home building groups. The TMDL—the largest ever developed by EPA—identifies the necessary pollution reductions of nitrogen, phosphorus, and sediment across Delaware, Maryland, New York,...

Total maximum daily loads (TMDLs), §303(d)

Rockies Express Pipeline LLC v. Salazar

ELR 20214
2012-1055, -1174 (Fed. Cir., September 2013)
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The Federal Circuit held that the Minerals Management Service (MMS) breached its contract with a natural gas pipeline construction company involving the construction of two segments of a pipeline that extends from Wyoming to Ohio. Under a "precedent agreement," MMS would pay the company roughly...

Breach, Energy (generally), Minerals Management Service

Louisiana Department of Environmental Quality v. United States Environmental Protection Agency

ELR 20215
12-60482 (5th Cir., September 2013)
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The Fifth Circuit held that it lacked jurisdiction to review petitions challenging EPA's objection to three CAA Title V permits issued by the Louisiana Department of Environmental Quality for a proposed ironmaking facility. The state agency issued three separate Title V permits for the facility...

Judicial review, Operating permits,§§501-507

Wild Fish Conservancy v. Jewell

ELR 20212
10-35303 (9th Cir., September 2013)
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The Ninth Circuit dismissed a conservation group's lawsuit challenging DOI's diversion of water from Icicle Creek, a tributary of the Wenatchee River and the Columbia River, to the Leavenworth National Fish Hatchery without a state permit. The group argued that DOI violated §8 of the Reclamation...

Fisheries, Reclamation Act

American Forest Resource Council v. Ashe

ELR 20211
12-111 (D.D.C., September 2013)
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A district court upheld critical habitat protections for the marbled murrelet, a small seabird found in the Pacific Northwest that nests in old-growth forests. FWS designated critical habitat for the tri-state population of marbled murrelets in 1996. In 2010, FWS determined that delisting the...

Critical habitat designation, Marbled murrelet

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