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Weekly Cases Update Volume 43, Issue 34

Arkansas Game & Fish Commission v. United States

43 ELR 20260
2009-5121, 2010-5029 (Fed. Cir., December 2013)

The Federal Circuit, on remand from the U.S. Supreme Court, held that the U.S. Army Corps of Engineers' temporary deviations from the water release rates set forth in an operating plan for the Clearwater Dam that...

Temporary takings

Southwest Power Pool, Inc. v. Federal Energy Regulatory Committee

43 ELR 20259
12-1158 (D.C. Cir., December 2013)

The D.C. Circuit vacated a FERC decision allowing a power company to use a regional transmission organization's (RTO's) transmission lines in order to join another RTO network. The two RTOs involved in this case had entered a joint operating agreement that allowed both RTOs to use the other's...

Energy (generally), Federal Energy Regulatory Commission

Alliance for the Wild Rockies v. Brazell

43 ELR 20264
3:12-cv-00466 (D. Idaho, November 2013)

A district court held that the U.S. Forest Service did not act arbitrarily or capriciously when it approved a project intended to improve conditions in the Little Slate Creek watershed in the Nez Perce National Forest. The project would seek to improve the watershed through aquatic habitat...

National Forest Management Act (NFMA), Nez Perce National Forest, Idaho

Intertribal Sinkyone Wilderness Council v. National Marine Fisheries Service

43 ELR 20258
1:12-cv-00420 (N.D. Cal., November 2013)

A district court held that the National Marine Fisheries Service (NMFS) has until August 1, 2014, to revise its plan for protecting whales, dolphins, porpoises, seals, and sea lions from U.S. Navy warfare training exercises along the coasts of California, Oregon, and Washington. The court...

Biological opinion, §7(b)

Tri-Realty Co. v. Ursinus College

43 ELR 20263
11-5885 (E.D. Pa., November 2013)

A district court dismissed a property owner's OPA claims against a nearby college for land and water contamination allegedly caused by heating oil that leaked from USTs on the college campus. The property owner brought claims under the CWA, OPA, RCRA, and state law. Based on the language and...

"Discharge of pollutants" construed, Jurisdiction, "Point source" construed, Groundwater, Nonpoint source discharges

Sierra Club v. Department of Environmental Quality

43 ELR 20261
308072, 314152 (Mich. Ct. App., November 2013)

The Michigan Court of Appeals, in an unpublished opinion, upheld the state environmental agency's decision to issue two permits authorizing modifications at a coal-fired power plant. The plant is located in a county that violates the NAAQS for particulate matter less than 2.5 microns (PM2.5). An...

National ambient air quality standards (NAAQS), §109

Meyer v. Constantinou

43 ELR 20262
A-4163-11T4 (N.J. Super. Ct., November 2013)

A New Jersey appellate court, in an unpublished opinion, affirmed a trial court decision dismissing without prejudice property owners' complaint alleging their property had been contaminated by chemicals discharged from a neighboring dry cleaning business. The New Jersey Environmental Rights Act...

Hazardous, New Jersey Environmental Rights Act