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Weekly Cases Update Volume 44, Issue 29

Shieldalloy Metallurgical Corp. v. Nuclear Regulatory Commission

44 ELR 20227
13-1259 (D.C. Cir., October 2014)

The D.C. Circuit upheld an NRC order transferring regulatory authority over decommissioning activities at a former aluminum production plant to the state of New Jersey under the Atomic Energy Act. New Jersey’s regulatory regime is adequate and compatible with the NRC’s regulatory program. And...

Atomic Energy Act (AEA), Nuclear Waste

Bryant v. United States

44 ELR 20222
12-15424 (11th Cir., October 2014)

The Eleventh Circuit dismissed military families' claims against the government under the Federal Tort Claims Act for various health problems due to their alleged exposure to toxic substances in the drinking water while living at a military base in North Carolina. The North Carolina statute of...

Statute of limitations, Water pollution

Nebraska v. United States Environmental Protection Agency

44 ELR 20221
4:14-CV-3006 (D. Neb., October 2014)

A district court dismissed Nebraska's lawsuit challenging EPA's proposed standards to limit carbon dioxide emissions from new or modified fossil fuel-fired electric utility generating units. As part of the proposed rule, EPA found that certain technology was "adequately demonstrated" for...

Best demonstrated technology, Energy Policy Act of 2005, Nebraska

New Era Group v. Environmental Protection Agency

44 ELR 20223
14-1054 (D.C. Cir., October 2014)

The D.C. Circuit upheld EPA's denial of a petition to reconsider an Agency rule allocating production allowances for hydrochlorofluorocarbons (HCFCs), ozone-depleting refrigerants. The petitioners argued that reconsideration should be granted because the rule has an adverse environmental impact...

Ozone-depleting substances

San Luis & Delta-Mendota Water Authority v. Jewell

44 ELR 20224
1:13-CV-01232 (E.D. Cal., October 2014)

A district court granted summary judgment in favor of the U.S. Bureau of Reclamation on all but one claim in a lawsuit filed against the agency challenging its decision in 2013 to make certain "flow augmentation releases" (FARs) of water from a dam located in the Trinity River Division of the...

Water-related projects, Quantity, Fisheries

Ohio Valley Environmental Coalition v. Fola Coal Co.

44 ELR 20228
2:13-5006 (S.D. W. Va., September 2014)

A district court denied a mining company's motion for partial judgment in a case filed against it for alleged CWA and SMCRA violations. Environmental groups alleged that the mine violated narrative water quality standards and, therefore, the CWA and the SMCRA, by discharging excessive amounts of...

"In violation of effluent standard or limitation" construed, Water quality standards, §303

Swan View Coalition v. Weber

44 ELR 20226
13-129 (D. Mont., September 2014)

A district court granted in part and denied in part motions for summary judgment in a case involving logging projects in the Flathead National Forest. In the case, environmental groups challenged the Forest Service's and FWS' authorization of the Glacier Loon Fuels Reduction and Forest Health...

Flathead National Forest, Mont., Federal actions, §7

Sovereign Operating Co. v. City & County of Broomfield

44 ELR 20225
14CV30092 (Colo. Dist. Ct., September 2014)

A Colorado court held that a voter-approved local ban on hydraulic fracturing cannot apply retroactively to ban oil and gas operations that a city approved in a prior agreement. The city entered into a memorandum of understanding in August 2013 allowing a company to engage oil and gas...

Constitutional law, Hydraulic Fracturing