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 19
The D.C. Circuit vacated EPA's comparable fuels exclusion, which exempts all fuels deemed comparable to non-hazardous waste-derived fossil fuels from the requirements set forth in RCRA §3004(q).
The D.C. Circuit vacated EPA's gasification exclusion rule, which exempts from RCRA certain hazardous residuals left over from the petroleum refining process.
The D.C. Circuit denied a petition for review challenging EPA's decision to add property formerly owned by a manufacturing company to the NPL. The company argued that in listing the site, EPA failed to properly consider and analyze relevant data.
The Fifth Circuit reversed a lower court decision barring the Texas Commission on Environmental Quality (TCEQ) from issuing new permits to withdraw water from rivers that feed the estuary where wild whooping cranes make their winter home.
A district court vacated the government's approval of on-the-ground mining exploration activities in a part of western Colorado's North Fork Valley and enjoined the intervening mining companies from proceeding with the project until the agencies comply with NEPA.
New York's highest court held that local governments may ban oil and gas production activities, including hydraulic fracturing, through the adoption of local zoning laws. The case arose after two towns enacted zoning laws banning hydraulic fracturing within their jurisdictions.
A district court held that a doctor lacks standing to challenge a Pennsylvania law that prohibits doctors from disclosing the mixture of chemical fluids used during hydraulic fracturing when treating patients for chemical exposure.
The D.C. Circuit held that it lacks jurisdiction over petitions for review of a FERC order granting a certificate of public convenience and necessity for the construction of a natural gas pipeline connecting New York and New Jersey.
The Colorado Supreme Court upheld ballot initiatives that would expand local governments' authority to enact laws regulating oil and gas development that are more restrictive than state law.
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