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Weekly Cases Update Volume 44, Issue 20

Ralls Corp. v. Committee on Foreign Investment in the United States

ELR 20156
13-5315 (D.C. Cir., July 2014)

The D.C. Circuit held that an American corporation owned by Chinese nationals was deprived of its constitutionally protected property interests without due process of law when President Obama issued an order blocking on national security grounds the corporation's windfarm project located near a...

Energy (generally), Is violated by

Michigan v. United States Army Corps of Engineers

ELR 20157
12-3800 (7th Cir., July 2014)

The Seventh Circuit upheld the dismissal of a lawsuit brought by five states bordering the Great Lakes in which they seek to compel the U.S. Army Corps of Engineers to take immediate action to prevent invasive Asian carp from crossing into Lake Michigan. The five states—Michigan, Ohio, Wisconsin...

Invasive species

Southern Appalachian Mountain Stewards v. A&G Coal Corp.

ELR 20154
13-2050 (4th Cir., July 2014)

The Fourth Circuit held that a coal company may not assert the CWA's "permit shield" defense for discharges of selenium when it failed to disclose the presence of this pollutant during the permit application process. The company argued that because it disclosed the pollutants that it knew or had...

Held not included

SZ Enterprises v. Iowa Utilities Board

ELR 20155
13-0642 (Iowa, July 2014)

The Iowa Supreme Court held that a solar energy company is not a public utility under state law. The case arose after a city sought to enter into a prospective purchaser agreement with the company to supply a portion of the city's electricity needs at certain city premises. On the company's...

Energy (generally), Iowa

National Mining Ass'n v. McCarthy

ELR 20153
12-5310 (D.C. Cir., July 2014)

The D.C. Circuit upheld EPA's and the U.S. Army Corps of Engineers' Enhanced Coordination Process memorandum, which concerns CWA §404 mining permit applications, as well as an EPA guidance document relating to such permits, against challenges from the mining industry and two states. The Enhanced...

Corps of Engineers implementation of §404

North Coast Rivers Alliance v. Westlands Water District

ELR 20152
F067383 (Cal. Ct. App. 5th Dist., July 2014)

A California appellate court held that interim renewal contracts concerning BLM's ongoing provision of Central Valley Project water to California water districts are exempt from environmental review under the California Environmental Quality Act (CEQA). The purpose of the interim renewal...

Environmental Assessment/Impact Statement, Exemptions

Luminant Generation Co. v. United States Environmental Protection Agency

ELR 20151
12-60694 (5th Cir., July 2014)

The Fifth Circuit held that notices of violations EPA sent to two power plant operators for alleged CAA violations were not "final agency action" and, hence, not subject to judicial review. In the notices, EPA claimed that the operators violated the Act's PSD provisions in connection with...