Weekly Cases Update Volume 44, Issue 3

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 44, Issue 3

ELR 2001612-35287(9th Cir., )

The Ninth Circuit held that the Bureau of Ocean Energy Management's (BOEM's) EIS analyzing the environmental effects of proposed oil and gas development leases in the Chukchi Sea of the northwest coast of Alaska violated NEPA.

Keywords:
Oil and gas lease
ELR 200182012AP2521(Wis. Ct. App., )

A Wisconsin appellate court held that insurance companies have no duty to defend a septic pumping service in an underlying case concerning well water contamination. Dairy farmers filed suit against the service for alleged well water contamination.

Keywords:
"Pollutant" construed, Held inapplicable in, Contamination, Held to bar
ELR 200144:14-CV-0007(D. Idaho, )

A district court denied environmental groups' motions for a temporary restraining order and preliminary injunction to halt the Idaho Department of Fish and Game's wolf trapping and hunting program in the Frank Church-River of No Return Wilderness area.

Keywords:
Frank Church River of No Return Wilderness Area, Wolves, Wildlife
ELR 200153:12-cv-00431(D. Or., )

A district court held that the National Marine Fisheries Service (NMFS) violated NEPA and the ESA in approving certain operations at a fish hatchery on Oregon's Sandy River.

Keywords:
Biological opinion, §7(b), Fisheries, Held required for
ELR 2001712-1362(D.C. Cir., )

The D.C. Circuit denied petitions for review challenging FAA's determination that a proposed offshore wind farm in Nantucket Sound would not pose a hazard to air navigation.

Keywords:
Energy (generally)
ELR 2001311-1307(D.C. Cir., )

The D.C. Circuit vacated EPA's new source review (NSR) rule for Indian country, which established a federal implementation plan (FIP) covering all Indian country nationwide except where EPA had already approved a tribal NSR program or expressly authorized a SIP to be enforced.

Keywords:
New source review, Federal implementation plans (FIPs), §110(c)(1)