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Weekly Cases Update Volume 44, Issue 24

National Wildlife Federation v. Department of Environmental Quality

ELR 20186
308366 (Mich. Ct. App., August 2014)

A Michigan appellate court upheld the state environmental agency's decision to grant a groundwater discharge permit to a company in connection with its plan to develop an underground mine to extract nickel and copper from the sulfide ores beneath the headwaters of the Salmon Trout River. The...

Regulations, Water pollution

National Wildlife Federation v. Department of Environmental Quality

ELR 20185
307602 (Mich. Ct. App., August 2014)

A Michigan appellate court upheld the state environmental agency's decision to grant mining and discharge permits to a company to develop an underground mine to extract nickel and copper from the sulfide ores beneath the headwaters of the Salmon Trout River. Environmental groups opposed the...

Regulations, Water pollution

Sierra Club v. U.S. Environmental Protection Agency

ELR 20184
11-73342, -73356 (9th Cir., August 2014)

The Ninth Circuit vacated and remanded EPA's decision to issue a PSD permit allowing a power company to build and operate a 600 megawatt natural gas-fired power plant. EPA missed the one-year statutory deadline to grant or deny the permit; during this same period, EPA tightened the applicable...

Permits

Asarco, LLC v. Union Pacific Railroad Co.

ELR 20187
13-2830 (8th Cir., August 2014)

The Eighth Circuit upheld the dismissal of a company's breach of contract and contribution claims against a railroad in connection with a lead-contaminated Superfund site in Omaha, Nebraska. The company paid approximately $200 million to settle its liability with the government, and the railroad...

Claims barred

Coalition for the Advancement of Regional Transportation v. Federal Highway Administration

ELR 20188
13-6214 (6th Cir., August 2014)

The Sixth Circuit, in an unpublished opinion, upheld the dismissal of claims that FHwA violated NEPA when it approved a $2.6 billion construction and transportation management project designed to improve mobility across the Ohio River in Louisville, Kentucky. Despite a nonprofit group's...

Construction