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Weekly Cases Update Volume 43, Issue 27

North Dakota v. United States Environmental Protection Agency

ELR 20219
Nos. 12-1844 et al. (8th Cir., September 2013)

The Eighth Circuit vacated and remanded EPA's best available retrofit technology (BART) determination for a large power plant in North Dakota, but otherwise upheld EPA's partial disapproval of two SIPs submitted by North Dakota to meet the CAA's visibility requirements as well as the Agency's...

Federal implementation plans (FIPs), §110(c)(1), North Dakota, Visibility protection for class I areas, §169A

Gulf Restoration Network v. Jackson

ELR 20218
No. 12-677 (E.D. La., September 2013)

A district court ordered EPA to conduct a necessity determination under CWA §303(c)(4)(B) in response to an environmental group's petition asking the Agency to establish water quality standards to control nitrogen and phosphorous pollution in the mainstem of the Mississippi River and the...

Review and revision, §303(c)

United States v. Alabama Power Co.

ELR 20221
No. 11-12168 (11th Cir., September 2013)

The Eleventh Circuit reversed a lower court decision excluding the testimony of two expert witnesses in the government's case against a power company for making major modifications at three of its coal-fired power plants without obtaining a permit or installing modern pollution control devices....

Permits, Testimony by experts

Biodiversity Conservation Alliance v. Bureau of Land Management

ELR 20220
No. 2:12-CV-252-SWS (D. Wyo., September 2013)

A district court held that BLM complied with NEPA and FLPMA when it authorized a uranium mining project in south central Wyoming. BLM, in conjunction with other state and federal agencies, undertook extensive and exhaustive reviews of the potential environmental impacts of the project, and the...

Discussion of, held adequate, Federal Land Policy and Management Act (FLPMA), Resource development

Northwest Resource Information Center, Inc. v. Northwest Power & Conservation Council

ELR 20217
No. 10-72104 (9th Cir., September 2013)

The Ninth Circuit upheld the Northwest Power and Conservation Council's 20-year plan to provide adequate and reliable energy at the lowest economic and environmental cost to the Northwest. The Council, established under the Pacific Northwest Electric Power Planning and Conservation Act, is an...

Northwest Power Act (NPA)