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Weekly Cases Update Volume 43, Issue 35

National Parks Conservation Ass'n v. Environmental Protection Agency

43 ELR 20266
12-5211 (D.C. Cir., December 2013)

The D.C. Circuit dismissed Arizona's objection to a consent decree that established a timeline for EPA to approve a SIP, or promulgate a federal implementation plan (FIP), that would meet the requirements of the Regional Haze Rule. A lower court held that it lacked jurisdiction to hear the...

Approval and revision, §110(a), Challenges held unripe

Daimler Trucks North America LLC v. Environmental Protection Agency

43 ELR 20265
12-1433 (D.C. Cir., December 2013)

The D.C. Circuit vacated an EPA rule establishing nonconformance penalties (NCPs) for on-highway, heavy-duty diesel engines. NCPs are intended to protect "technological laggards" by allowing them to pay a penalty for engines temporarily unable to meet new or revised emission standards. EPA...

Auto emission standards

Entergy Nuclear Vermont Yankee, LLC v. Shumlin

43 ELR 20267
12-4659 (2d Cir., December 2013)

The Second Circuit held that it lacks jurisdiction to review an electric company's suit challenging the constitutionality of Vermont's Electrical Energy Generating Tax. The company owns a nuclear power plant that is the sole entity taxed under the scheme, which imposes a charge on electricity...

Energy (generally), Tax

Asphalt Contractors, Inc. v. Alabama Department of Transportation

43 ELR 20270
1101439 (Ala., December 2013)

The Alabama Supreme Court held that a property owner may go forward with its inverse condemnation claim against the director of the state transportation agency for allowing contaminated water to be pumped onto the owner's land. Although the agency is immune from suit, valid inverse condemnation...

Constitutional law, Inverse condemnation

Thrun v. Cuomo

43 ELR 20268
516556 (N.Y. Sup. Ct., December 2013)

A New York appellate court dismissed New York residents' lawsuit challenging the state's enforcement of the Regional Greenhouse Gas Initiative (RGGI), a carbon dioxide cap-and-trade program that targets emissions from electricity generating power plants in New York and six other states. The...

Climate Change (generally)

Diné Care v. United States Environmental Protection Agency

43 ELR 20269
12-03987 (E.D. Cal., December 2013)

A district court dismissed Native American and environmental groups' CAA citizen suit asking the court to order EPA to issue a final rule that establishes best available retrofit technology (BART) for the Navajo Generating Station, a coal-fired power plant in northern Arizona near the Grand...

Air quality, Best demonstrated technology