Weekly Cases Update Volume 43, Issue 7

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 13

ELR 2009312-70518(9th Cir., )

The Ninth Circuit, in an amended opinion, denied an environmental group's petition challenging EPA's decision to grant two air permits authorizing exploratory drilling operations in the Arctic Ocean by a drillship and its associated fleet of support vessels.

Keywords:
Outer continental shelf (OCS)
ELR 2009237-2012-00101054-CU-TT-CTL(Cal. Super. Ct., )

A California court held that San Diego County's climate action plan violates the California Environmental Quality Act (CEQA) and must be set aside.

Keywords:
Environmental Assessment/Impact Statement, Environmental impact reports (EIRs)
ELR 200892012-5059(Fed. Cir., )

The Federal Circuit held that the United States may not use the "unavoidable delay" defense in breach of contract actions stemming from its failure to accept spent nuclear fuel (SNF) from the nation's nuclear utilities.

Keywords:
Nuclear Energy, Waste disposal
ELR 20099515227(N.Y. App. Div., )

A New York appellate court held that the state's Oil, Gas and Solution Mining Law (OGSML) does not preempt, either expressly or impliedly, a municipality's power to enact a local zoning ordinance banning all activities related to the exploration for, and the production or storage of, na

Keywords:
Energy (generally), New York
ELR 2009011-35729(9th Cir., )

The Ninth Circuit held that a court may not approve a consent decree that substantially and permanently amends regulations that the agency could only otherwise amend by complying with statutory rulemaking procedures.

Keywords:
Settlement agreements, National forests
ELR 2009811-cv-00293-JCS(N.D. Cal., )

A district court dismissed with leave to amend environmental groups' lawsuit against EPA alleging that it violated the ESA by failing to undertake required consultations regarding the effects of 382 registered pesticides on endangered and threatened species.

Keywords:
Administrative procedure and judicial review, Interagency consultation, §7(a)
ELR 2009112-14926(11th Cir., )

The Eleventh Circuit, in an unpublished opinion, reversed and remanded a lower court decision dismissing a company's cost recovery action under CERCLA for failure to state a claim.

Keywords:
Response costs
ELR 2009412-5150(D.C. Cir., )

The D.C. Circuit reversed a lower court decision that EPA exceeded its authority under CWA §404(c) when it invalidated an existing U.S. Army Corps of Engineer permit authorizing a mining company to discharge fill material from its mountaintop coal mine into two nearby streams.

Keywords:
EPA veto, §404(c)
ELR 2009511-6083(6th Cir., )

The Sixth Circuit struck down the U.S. Army Corps of Engineers' reissuance of nationwide permit 21, which authorizes surface coal mining operations to discharge dredged and fill material into waters of the United States.

Keywords:
Nationwide permit, Discussion of, held inadequate
ELR 2009612-5122(D.C. Cir., )

The D.C. Circuit upheld a consent decree that established a schedule for EPA to initiate notice-and-comment rulemaking and make a formal decision whether to promulgate a new rule revising certain effluent limitations and effluent limitations guidelines under the CWA.

Keywords:
Effluent limitations, §301

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