Weekly Cases Update Volume 44, Issue 2

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 36

ELR 202732:08cv447(E.D. Va., )

A district court held that the U.S. Army Corps of Engineers could exercise jurisdiction under the CWA over wetlands contained in a developer's proposed residential site.

Keywords:
Held included
ELR 2027213-976(D.D.C., )

A district court dismissed an animal rights group's lawsuit seeking to compel USDA to enforce the general Animal Welfare Act (AWA) regulations with respect to the mistreatment of birds and to promulgate new AWA regulations that are specific to birds.

Keywords:
Wildlife (generally)
ELR 2027663 MAP 2012(Pa., )

Pennsylvania's highest court struck down Act 13, which pertains to oil and gas operations in the Marcellus Shale, as unconstitutional. The Act repealed Pennsylvania’s Oil and Gas Act and replaced it with a codified statutory framework regulating oil and gas operations in the Commonwealth.

Keywords:
Energy (generally), Constitutional law
ELR 2027409-10156(S.D.N.Y. Bankr. Ct., )

A federal bankruptcy court held that a petroleum company and its subsidiaries may be held liable for at least $5 billion—and perhaps up to $14 billion—in environmental response costs and tort liabilities.

Keywords:
Bankruptcy, Fraud
ELR 20275A137056(Cal. Ct. App. 1st Dist., )

A California appellate court, in an unpublished opinion, upheld San Francisco's ban on the use of plastic "checkout bags" by retail establishments in the city and county.

Keywords:
Environmental Assessment/Impact Statement, Exemptions
ELR 2027112-1639(D.D.C., )

A district court dismissed environmental groups' lawsuit challenging EPA's "authorization" of pollution trading and offsets outlined in its 2010 TMDL for the Chesapeake Bay. The groups wanted statements about offsets and trading in the Bay TMDL to be declared null and void.

Keywords:
Total maximum daily loads (TMDLs), §303(d)

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