Weekly Cases Update Volume 43, Issue 5

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 43, Issue 8

ELR 20056BEP 12-137(Me., )

Maine's highest court vacated a state permit authorizing the construction of a wind turbine project on Saddleback Mountain.

Keywords:
Energy (generally), Energy sources
ELR 2005812-30230(5th Cir., )

The Fifth Circuit held that Transocean's primary and excess-liability insurers must cover BP's pollution-related liabilities deriving from April 2010 oil spill in the Gulf of Mexico.

Keywords:
Excess liability policy, Oil Pollution Act (OPA)
ELR 2005211-8071(10th Cir., )

The Tenth Circuit dismissed an appeal brought by energy companies arguing that §266(b)(1)(A) of the Mineral Leasing Act requires BLM to issue oil and gas leases within 60 days of payment.

Keywords:
BLM authority
ELR 2005112-35332(9th Cir., )

The Ninth Circuit upheld an injunction prohibiting an environmental activist group from interfering with an oil company's outer continental shelf (OCS) exploration activities in the Arctic Ocean.

Keywords:
Injunctions, Outer Continental Shelf (OCS)
ELR 200571:12-CV-01303(E.D. Cal., )

A district court held that commercial fishing groups may go forward with their NEPA lawsuit against the Bureau of Reclamation in a case involving the Bureau's approval of eight water delivery contracts in California's Central Valley.

Keywords:
Central Valley Project (CVP), Water-related projects
ELR 200532:10-cv-075(S.D. Tex., )

A district court held that the Texas Commission on Environmental Quality violated ESA §9 by failing to properly manage freshwater inflows into the San Antonio and Guadalupe bays during the 2008-2009 winter, thereby causing an unlawful take of the world’s only self-sustaining, wild Whooping Crane

Keywords:
"Take" construed, Whooping cranes
ELR 2005508-16961, 11-11549(11th Cir., )

The Eleventh Circuit vacated EPA's 2011 disapproval of Alabama SIP provisions on opacity, thereby reinstating EPA's 2008 approval of opacity limits. EPA's 2011 disapproval was unauthorized by the CAA because EPA failed to make the statutorily required error determination.

Keywords:
Approval and revision, §110(a)

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