Weekly Cases Update Volume 43, Issue 8

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 16

ELR 2011813-617(D.D.C., )

A district court dismissed an environmental group's APA lawsuit against EPA challenging 40 C.F.R. §124.55(b), which pertains to state certification of discharge permits issued by the Agency under the CWA.

Keywords:
National pollutant discharge elimination system (NPDES) permit program, 402
ELR 2011910-14271(11th Cir., )

The Eleventh Circuit upheld the dismissal of a Native American tribe's lawsuit challenging the government's management of the Central and Southern Florida Project for Flood Control in the Everglades.

Keywords:
Water rights, Property rights/entitlements
ELR 2011412-35266(9th Cir., )

The Ninth Circuit reversed a lower court decision dismissing a Japanese whaling research organization's piracy claims against an environmental activist group.

Keywords:
Whales
ELR 2011112-15052(9th Cir., )

The Ninth Circuit upheld the Animal Plant and Health Inspection Service's (APHIS') unconditional deregulation of Roundup Ready Alfalfa (RRA), a genetically modified plant that allows farmers to control weeds through herbicide application without harming the alfalfa plant.

Keywords:
Agriculture
ELR 2011211-1545(U.S., )

The U.S. Supreme Court upheld a FCC declaratory ruling that state and local zoning authorities have 150 days to process siting applications for new wireless towers and antennas.

Keywords:
Deference to agency interpretation, Federal Communications Comm'n, Zoning
ELR 2011312-1129(D.C. Cir., )

The D.C. Circuit upheld EPA's revised NESHAPs for secondary lead smelting facilities.

Keywords:
Hazardous air pollutants, §112
ELR 2012012-30651(5th Cir., )

The Fifth Circuit held that under New York law, an insurance company has a duty to defend a power company in an underlying lawsuit filed against it by EPA and Louisiana's environmental agency for alleged CAA and state law violations.

Keywords:
Held applicable in
ELR 2011711-cv-2235(D.D.C., )

A district court denied a motion to reconsider its earlier dismissal of a lawsuit seeking declaratory and injunctive relief based on the federal government's alleged failure to reduce greenhouse gas emissions.

Keywords:
Climate Change (generally)
ELR 2011511-15631 et al.(9th Cir., )

The Ninth Circuit affirmed in part and reversed and remanded in part a lower court decision granting summary judgment in favor of the government in a city's lawsuit seeking to set aside DOI's decision to accept in trust, for the benefit of the Tohono O’odham Nation, a 54-acre parcel of

Keywords:
Public trust doctrine