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Weekly Cases Update Volume 44, Issue 13

SPRAWLDEF v. San Francisco Bay Conservation & Development Comm'n

44 ELR 20096
A137619 (Cal. Ct. App. 1st Dist., April 2014)

A California appellate court upheld the issuance of a county permit for a landfill expansion project in the Suisun Marsh, part of the San Francisco Bay tidal estuary. Environmental groups claimed that the permit approvals violate the Sonoma County Local Protection Plan and, specifically, a...

Sanitary landfills, Solid waste

Ark Initiative v. Tidwell

44 ELR 20099
13-5103 (D.C. Cir., April 2014)

The D.C. Circuit affirmed the U.S. Forest Service's decision denying an emergency petition filed by an environmental group seeking “roadless” designation for roughly 1,000 acres on Burnt Mountain in Colorado's Snowmass ski area and suspension of the Aspen Skiing Company’s authorization to cut...

National forests

Environmental Protection Agency v. EME Homer City Generation, L.P.

44 ELR 20094
12-1182 (U.S., April 2014)

The U.S. Supreme Court reversed and remanded a lower court decision vacating EPA's transport rule, also known as the Cross-State Air Pollution Rule, which sets sulfur dioxide and nitrogen oxides...

Interstate pollution abatement, §126

San Juan County, Utah v. United States

44 ELR 20097
11-4146, -4149 (10th Cir., April 2014)

The Tenth Circuit upheld a lower court decision rejecting the claims of San Juan County and the state of Utah to a public right-of-way, called Salt Creek Road, in Canyonlands National Park. The state and county wish to use their claimed right-of-way to prevent the United States from closing the...

Canyonlands National Park, Utah

Gabrielli v. New Paltz

44 ELR 20095
517051 (N.Y. App. Div., April 2014)

A New York appellate court reversed a lower court decision annulling a local law aimed at preventing the despoilation and destruction of wetlands and watercourses. The lower court ruled that the town enacted the law in violation of New York's State Environmental Quality Review Act (SEQRA), but...

Environmental Assessment/Impact Statement, State Environmental Quality Review Act

Appalachian Voices v. McCarthy

44 ELR 20098
12-00523 (D.D.C., April 2014)

A district court rejected a proposed consent decree that would have required EPA to review and, where necessary, revise by December 19, 2014, certain regulations concerning coal ash under RCRA. The court determined that the proposed consent decree was fair, adequate, reasonable, appropriate, and...


Ohio Valley Environmental Coalition v. Marfork Coal Co.

44 ELR 20093
5:12-1464 (S.D.W. Va., April 2014)

A district court held a coal company liable under the CWA for discharging excessive amounts of selenium into the waters of West Virginia. Water sampling performed on behalf of an environmental group that filed a citizen suit against the company prove that the company violated West Virginia's...