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Weekly Cases Update Volume 44, Issue 16

Center for Biological Diversity v. Environmental Protection Agency

ELR 20119
12-1238 (D.C. Cir., May 2014)

The D.C. Circuit upheld EPA’s decision to defer adopting new secondary NAAQS for oxides of sulfur (SOx) and nitrogen (NOx) pending further scientific study. Citing doubts about the accuracy of its aquatic acidification index model—used to quantify the connection between SOx and NOx in the air...

Review and revision, §109(d)

Pacific Hide & Fur Depot v. Great American Insurance Co.

ELR 20122
CV 12-36-BU-DLC (D. Mont., May 2014)

A district court held that an insurance company breached its duty to defend a steel company in an underlying contribution case under Montana's Comprehensive Environmental Cleanup and Responsibility Act (CERCA) stemming from the company's alleged release or threatened release of hazardous...

Hazardous wastes & substances, Held applicable in

Electric Power Supply Ass'n v. Federal Energy Regulatory Commission

ELR 20118
11-1486 (D.C. Cir., May 2014)

The D.C. Circuit vacated FERC's "demand response" order, which seeks to incentivize retail customers to reduce electricity consumption when economically efficient. The order directs independent system operators to pay electricity users who cut consumption when prices and consumption are high the...

Federal Power Act (FPA)

Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers

ELR 20120
2:13-CV-02136 (N.D. Ala., May 2014)

A district court dismissed an environmental group's lawsuit challenging the U.S. Army Corps of Engineers' 2012 reissuance of Nationwide Permit 21 (NWP 21), a five-year general permit authorizing surface coal mining operations to discharge dredged or fill material into waters of the United States...

Nationwide permit

Klein v. United States Department of Energy

ELR 20114
13-1165 (6th Cir., May 2014)

The Sixth Circuit held that DOE's environmental review of a proposed plant that would convert lumber into ethanol complied with NEPA. The company that plans to build the plant sought financial assistance from DOE, which is directed to fund alternative energy projects under the Energy Policy Act...

Energy Policy Act of 2005, Environmental assessment (EA)

Masias v. Colorado Springs Utilities

ELR 20121
14-cv-01403 (D. Colo., May 2014)

A district court dismissed an individual's CAA lawsuit against a Colorado utility and the state's environmental agency in which he alleged that toxic fumes were emitted into his neighborhood following a fire at a nearby power plant. The plaintiff lacks standing to file suit. Although he claims...

District court jurisdiction, §304(a)

Thompson Corners, LLC v. New York State Department of Environmental Conservation

ELR 20113
516042 (N.Y. App. Div., May 2014)

A New York appellate court held that the subsequent owner of property formerly used as a permitted hazardous waste treatment, storage, or disposal (TSD) facility need not provide financial assurance for the ongoing performance of corrective action on the property. Article 27 of New York's...

Environmental Conservation Law, Treatment, storage, and disposal (TSD) facility standards, §3004

Border Farm Trust v. Samson Resources Co.

ELR 20117
4:13-cv-141 (D.N.D., May 2014)

A district court dismissed mineral rights owners' lawsuits against a number of energy companies that operate oil and gas wells in North Dakota's Bakken Shale region. The owners alleged that the companies have illegally flared gas from the wells and that they are therefore due royalties on the...

Energy (generally)

Wisdahl v. XTO Energy, Inc.

ELR 20116
4:13-cv-136 (D.N.D., May 2014)

A district court, in three separate opinions, dismissed several mineral rights owners' lawsuits against a number of energy companies that operate oil and gas wells in North Dakota's Bakken Shale region. The owners alleged that the companies have illegally flared gas from the wells and that they...

Energy (generally)

Sorenson v. Burlington Resources Oil & Gas Co., L.P.

ELR 20115
4:13-cv-132 (D.N.D., May 2014)

A district court dismissed several mineral rights owners' lawsuits against a number of energy companies that operate oil and gas wells in North Dakota's Bakken Shale region. The owners alleged that the companies have illegally flared gas from the wells and that they are therefore due royalties...

Energy (generally)