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Weekly Cases Update Volume 44, Issue 3

Town of Barnstable, Mass. v. Federal Aviation Administration

44 ELR 20017
12-1362 (D.C. Cir., January 2014)

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. Despite petitioners' arguments to the contrary, the FAA's no hazard determinations were consistent with the agency's...

Energy (generally)

Native Village of Point Hope v. Jewell

44 ELR 20016
12-35287 (9th Cir., January 2014)

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. Although the EIS properly took account of incomplete or unavailable...

Oil and gas lease

Maughan v. Vilsack

44 ELR 20014
4:14-CV-0007 (D. Idaho, January 2014)

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. Since December 2013, seven gray wolves have...

Frank Church River of No Return Wilderness Area, Wildlife, Wolves

Oklahoma Department of Environmental Quality v. Environmental Protection Agency

44 ELR 20013
11-1307 (D.C. Cir., January 2014)

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. Because SIPs did...

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

Native Fish Society v. National Marine Fisheries Service

44 ELR 20015
3:12-cv-00431 (D. Or., January 2014)

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. NMFS regulations provide an exemption for the otherwise unlawful take of anadromous fish caused by a hatchery's artificial...

Held required for, Biological opinion, §7(b), Fisheries

United States v. Mountain State Carbon LLC

44 ELR 20012
5:12-CV-19 (N.D. W. Va., January 2014)

A district court held that "coke oven gas condensate" (COGC) is not a solid waste under RCRA. The case arose after the U.S. government filed suit against a coke production facility for RCRA and CAA violations. The government alleged that COGC at the facility displays the toxicity characteristic...

Boilers and industrial furnaces, Held not included

Preisler v. Kuettel's Septic Service, LLC

44 ELR 20018
2012AP2521 (Wis. Ct. App., January 2014)

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. The pumping service sought coverage from its...

"Pollutant" construed, Held inapplicable in, Held to bar, Contamination