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Weekly Cases Update Volume 44, Issue 12

Natural Resources Defense Council v. Environmental Protection Agency

44 ELR 20090
10-1371 (D.C. Cir., April 2014)

The D.C. Circuit vacated a portion of EPA's 2013 rule regulating air emissions from Portland cement kilns. The court concluded that the emission-related portions of the rule are permissible under the CAA. It also upheld the compliance schedule implementing some of the 2013 rule's emission...

Portland cement emissions regulations

North Dakota v. Heydinger

44 ELR 20092
11-cv-3232 (D. Minn., April 2014)

A district court held that Minnesota's New Generation Energy Act, which establishes energy and environmental standards related to carbon dioxide emissions, constitutes impermissible extraterritorial legislation and is a per se violation of the dormant Commerce Clause. The statute's plain...

Climate Change (generally), Minnesota

Natural Resources Defense Council v. Jewell

44 ELR 20089
09-17661 (9th Cir., April 2014)

The Ninth Circuit held that the Bureau of Reclamation should have consulted with FWS or NMFS on impacts to the threatened delta smelt prior to renewing long-term water contracts pertaining to California's Central Valley Project. ESA §7(a)(2) requires such consultation so long as the agency has “...

Bureau of Reclamation

White Stallion Energy Center, LLC v. Environmental Protection Agency

44 ELR 20088
12-1100 (D.C. Cir., April 2014)

The D.C. Circuit upheld the emission standards EPA promulgated in 2012 for mercury and other listed hazardous air pollutants emitted by coal- and oil-fired electric utility steam generating units. The rule was challenged by industry, saying the rule was too stringent, as well as by environmental...

Mercury emissions

National Ass'n of Manufacturers v. Securities & Exchange Commission

44 ELR 20087
13-5252 (D.C. Cir., April 2014)

The D.C. Circuit held that the Securities and Exchange Commission's (SEC's) "conflict materials" rule violates the First Amendment. SEC issued the rule in 2012 pursuant to §1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, which requires SEC to issue regulations requiring...

Free speech, Securities and Exchange Commission

Dover, City of v. United States Environmental Protection Agency

44 ELR 20091
12-1994 (D.D.C., April 2014)

A district court dismissed three New Hampshire cities' citizen suit challenging EPA's decision to approve New Hampshire's impaired waters list under the CWA. The cities lack standing because the regulatory decisions that the cities challenge have not yet caused them harm, and whether cities will...

Total maximum daily loads (TMDLs), §303(d), Standing

SeaWorld of Florida, LLC v. Perez

44 ELR 20086
12-1375 (D.C. Cir., April 2014)

The D.C. Circuit upheld the Occupational Safety and Health Review Commission's finding that SeaWorld violated the OSH Act by exposing trainers to recognized hazards when working in close contact with killer whales during performances. The Commission's finding came after the death of one of...

Occupational Safety and Health Administration

Communities for a Better Environment v. Environmental Protection Agency

44 ELR 20084
11-1423 (D.C. Cir., April 2014)

 The primary standards for carbon monoxide have remained the same since 1971. There has not been a secondary standard for carbon monoxide since EPA revoked a secondary standard in 1985. In 2007, EPA began reviewing whether to alter the current primary standards and whether to adopt a...

National ambient air quality standards (NAAQS), §109

Massachusetts v. Pritzker

44 ELR 20084
13-11301 (D. Mass., April 2014)

A district court granted summary judgment in favor of NMFS in a lawsuit filed by Massachusetts and New Hampshire challenging the agency's decision to promulgate Frameworks 48 and 50 regulating New England’s Multispecies Fishery under the Magnuson-Stevens Fishery Conservation and Management Act....

Fishery Conservation and Management Act (Magnuson-Stevens Act)