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Weekly Cases Update Volume 45, Issue 19

Foster v. Washington Department of Ecology

ELR 20125
14-2-25295-1 (Super. Ct. Wash., July 2015)

A Washington court ordered the state's environmental agency to reconsider its denial of youths' petition asking the agency to adopt rulemaking to limit greenhouse gas (GHG) emissions in accordance with the best available science. The youths had also petitioned the agency to recommend to the...

Climate Change (generally), Washington

Ladra v. New Dominion, LLC

ELR 20128
2015 OK 53 (Okla., June 2015)

The Supreme Court of Oklahoma held that a woman injured in a 2011 earthquake may go forward with her suit against two energy companies for allegedly causing the quake due to hydraulic fracturing operations. A lower court dismissed the case, concluding that the Oklahoma Corporation Commission has...

Duty of care, Hydraulic Fracturing

Alaska Eskimo Whaling Comm'n v. U.S. Environmental Protection Agency

ELR 20127
13-70633 (9th Cir., June 2015)

The Ninth Circuit granted in part and denied in part a petition challenging an NPDES permit authorizing oil and gas exploration facilities' discharge of 13 waste streams into the Beaufort Sea. The petition was filed by the Alaska Eskimo Whaling Commission, which represents Alaska Native villages...

Unreasonable degradation of the marine environment, Permit issuance, Whales

Michigan v. Environmental Protection Agency

ELR 20124
14-46 (U.S., June 2015)

The U.S. Supreme Court reversed and remanded EPA's rule limiting hazardous air pollutant emissions from power plants, holding that the Agency interpreted CAA §112(n)(1)(A) unreasonably when it deemed cost irrelevant to the decision to regulate power plants. CAA §112(n)(1) directs EPA to regulate...

Hazardous air pollutants, §112, Regulatory program

Public Service Co. of Colorado v. City of Boulder

ELR 20126
14CV30681 (Colo. Dist. Ct., June 2015)

A Colorado court upheld a city's decision to create a local electric utility. An electric company argued that the city council exceeded its authority when it created the utility. But the company missed the 28-day deadline for challenging quasi-judicial decisions. When the city declared that the...

Constitutional law, Energy (generally)