Weekly Cases Update Volume 44, Issue 6

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 12

ELR 2008413-11301(D. Mass., )

A district court granted summary judgment in favor of NMFS in a lawsuit filed by Massachusetts and New Hampshire challenging the agency's decision to promulgate Frameworks 48 and 50 regulating New England’s Multispecies Fishery under the Magnuson-Stevens Fishery Conservation and Management A

Keywords:
Fishery Conservation and Management Act (Magnuson-Stevens Act)
ELR 2008411-1423(D.C. Cir., )

 The primary standards for carbon monoxide have remained the same since 1971. There has not been a secondary standard for carbon monoxide since EPA revoked a secondary standard in 1985.

Keywords:
National ambient air quality standards (NAAQS), §109
ELR 2008812-1100(D.C. Cir., )

The D.C. Circuit upheld the emission standards EPA promulgated in 2012 for mercury and other listed hazardous air pollutants emitted by coal- and oil-fired electric utility steam generating units.

Keywords:
Mercury emissions
ELR 2009010-1371(D.C. Cir., )

The D.C. Circuit vacated a portion of EPA's 2013 rule regulating air emissions from Portland cement kilns. The court concluded that the emission-related portions of the rule are permissible under the CAA.

Keywords:
Portland cement emissions regulations
ELR 2009211-cv-3232(D. Minn., )

A district court held that Minnesota's New Generation Energy Act, which establishes energy and environmental standards related to carbon dioxide emissions, constitutes impermissible extraterritorial legislation and is a per se violation of the dormant Commerce Clause.

Keywords:
Climate Change (generally), Minnesota
ELR 2008612-1375(D.C. Cir., )

The D.C. Circuit upheld the Occupational Safety and Health Review Commission's finding that SeaWorld violated the OSH Act by exposing trainers to recognized hazards when working in close contact with killer whales during performances.

Keywords:
Occupational Safety and Health Administration
ELR 2008713-5252(D.C. Cir., )

The D.C. Circuit held that the Securities and Exchange Commission's (SEC's) "conflict materials" rule violates the First Amendment.

Keywords:
Free speech, Securities and Exchange Commission
ELR 2009112-1994(D.D.C., )

A district court dismissed three New Hampshire cities' citizen suit challenging EPA's decision to approve New Hampshire's impaired waters list under the CWA.

Keywords:
Standing, Total maximum daily loads (TMDLs), §303(d)
ELR 2008909-17661(9th Cir., )

The Ninth Circuit held that the Bureau of Reclamation should have consulted with FWS or NMFS on impacts to the threatened delta smelt prior to renewing long-term water contracts pertaining to California's Central Valley Project.

Keywords:
Bureau of Reclamation

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