Weekly Cases Update Volume 44, Issue 9

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 21

ELR 2016012-71523(9th Cir., )

The Ninth Circuit upheld EPA's approval of Nevada's SIP for regional haze. In the SIP, Nevada provided reasonable progress goals for attaining natural visibility conditions at the Jarbridge Wilderness Area in remote northeastern Nevada, the state’s only Class I federal area.

Keywords:
Approval and revision, §110(a)
ELR 2016112-5234(D.C. Cir., )

The D.C. Circuit upheld a $72 million judgment against an automobile manufacturer for violating a consent decree requiring certain model year 2005 engines to comply with EPA’s model-year 2006 nitrogen oxide (NOx) emissions standard.

Keywords:
Certificate of conformity, §203(a)(1)
ELR 20159284 M.D. 2012(Pa. Commw. Ct., )

A Pennsylvania court severed in part and struck down in part certain provisions of Act 13, pertaining to oil and gas operations in the Marcellus Shale, that the Pennsylvania Supreme Court left undisturbed in its December 2013 decision invalidating portions of the law on constitutional grounds.

Keywords:
Land use, Hydraulic Fracturing
ELR 2016913CV63(Colo. Dist. Ct., )

A Colorado court struck down a city's ban on hydraulic fracturing. In 2012, voters passed an amendment to the city charter that bans fracking and the storage and disposal of fracking waste within city limits. The oil and gas industry challenged the ban, arguing that it was preempted.

Keywords:
Land use, Hydraulic Fracturing
ELR 201646773-2013(N.Y. Sup. Ct., )

A New York court dismissed a lawsuit seeking to compel the state to finalize its supplemental EIS on hydraulic fracturing.

Keywords:
Environmental impact statement, Hydraulic Fracturing
ELR 20165843-2014 (N.Y. Sup. Ct., )

A New York court dismissed mineral rights owners' lawsuit seeking to compel the state to finalize its supplemental EIS on hydraulic fracturing.

Keywords:
Environmental impact statement, Hydraulic Fracturing
ELR 201681-12-0544(Ill. App. Ct., )

An Illinois appellate court upheld a state plan requiring state utilities to purchase power from a coal-fueled, near-zero emissions electric power plant.

Keywords:
Energy (generally), Illinois
ELR 2016613-1220, -1750(1st Cir., )

The First Circuit vacated and remanded a lower court decision dismissing environmental groups' CWA claims against the operators of four hydroelectric dams along the Kennebec River.

Keywords:
Water quality standards, §303
ELR 2016312 Civ. 8456, -8458(S.D.N.Y., )

A district court upheld a CWA §404 permit issued by the U.S. Army Corps of Engineers for the construction of a large marine transfer station near the upper east side of New York City.

Keywords:
Permit issuance
ELR 2016713-2200(4th Cir., )

The Fourth Circuit affirmed a lower court decision denying an environmental group's motion to intervene in a poultry farmer's lawsuit against EPA.

Keywords:
Defenses

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