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Weekly Cases Update Volume 44, Issue 15

Coal River Energy, LLC v. Jewell

ELR 20107
13-5119 (D.C. Cir., May 2014)

The D.C. Circuit dismissed as untimely a coal mine operator’s lawsuit challenging the constitutionality of a DOI regulation requiring coal mine operators to pay a fee for each ton of coal they produce by mining. The regulation requires mine operators to pay the reclamation fee when the coal is...

Court of appeals jurisdiction

WildEarth Guardians v. United States Environmental Protection Agency

ELR 20106
13-1212 (D.C. Cir., May 2014)

The D.C. Circuit upheld EPA’s decision denying environmental groups’ request to add coal mines to the regulated list of stationary source categories under the CAA. In denying the groups’ petition for rulemaking, EPA made it clear that the denial was not a determination as to whether coal...

Regulatory program

In Defense of Animals v. United States Department of the Interior

ELR 20110
12-17804 (9th Cir., May 2014)

The Ninth Circuit held that BLM's roundup or "gather" of approximately 1,639 wild horses and 160 burros from the Twin Peaks Herd Management Area (HMA) on the California-Nevada border complied with the Wild Free-Roaming Horses and Burros Act and NEPA. Post-gather, 793 wild horses and 160 burros...

Wild and Free-Roaming Horses and Burros Act, Wild horses and burros

Horne v. United States Department of Agriculture

ELR 20109
10-15270 (9th Cir., May 2014)

The Ninth Circuit, following a reversal and remand from the U.S. Supreme Court, held that a USDA marketing order under the Agricultural Marketing Agreement Act of 1937 requiring raisin producers to participate in a raisin reserve program does not violate the Fifth Amendment's prohibition against...

Agriculture, Just compensation

National Ass'n of Manufacturers v. Environmental Protection Agency

ELR 20111
13-1069 (D.C. Cir., May 2014)

The D.C. Circuit denied industry groups' petition for review challenging EPA's 2013 primary NAAQS for fine particulate matter. In the final rule, EPA lowered the level of the particulate matter NAAQS from 15.0 μg/m3 to 12.0 μg/m3, a level slightly lower than the lowest concentrations reported as...

Review and revision, §109(d)

League of Wilderness Defenders/Blue Mountains Biodiversity Project v. Connaughton

ELR 20108
13-35653 (9th Cir., May 2014)

The Ninth Circuit affirmed in part and reversed in part a lower court decision denying environmental groups’ motion to preliminarily enjoin a logging project in the Whitman-Wallowa National Forest in northeast Oregon. The lower court held that the groups were not likely to succeed on any of...

Discussion of, held inadequate, Wallowa-Whitman National Forest

Friends of the Wild Swan v. Ashe

ELR 20112
13-57-M-DWM (D. Mont., May 2014)

A district court held that FWS' delay in developing and implementing a recovery plan for the Canada lynx, which was listed as threatened in 2000, is unreasonable. The ESA directs FWS to prepare a recovery plan for listed species but does not include a timetable or indication of the speed with...

Recovery plans, §4(f), Canada lynx