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Weekly Cases Update Volume 45, Issue 20

Building Industry Ass'n of the Bay Area v. United States Department of Commerce

45 ELR 20130
13-15132 (9th Cir., July 2015)

The Ninth Circuit upheld the National Marine Fisheries Service's (NMFS') designation of critical habitat for the southern distinct population of green sturgeon, a threatened species. The rule designated approximately 11,421 square miles of marine habitat, 897 square miles of estuary habitat, and...

Critical habitat designation, Wildlife (generally)

American Farm Bureau Federation v. United States Environmental Protection Agency

45 ELR 20129
13-4079 (3d Cir., July 2015)

The Third Circuit upheld EPA's TMDL plan for the Chesapeake Bay against challenges from farmer and home building groups. The TMDL—the largest ever developed by EPA—identifies necessary pollution reductions of nitrogen, phosphorus, and sediment across Delaware, Maryland, New York, Pennsylvania,...

Total maximum daily loads (TMDLs), §303(d)

In re Methyl Tertiary Butyl Ether

45 ELR 20131
1:00-1898 (S.D.N.Y., July 2015)

A district court dismissed Pennsylvania's public nuisance, trespass, and Pennsylvania Unfair Trade Practice and Consumer Protection Law claims against various refiners, manufacturers, marketers, distributors, and suppliers of methyl tertiary butyl ether (MTBE), a gasoline additive. The case is...

Methyl tertiary butyl ether (MTBE), Tort law

Oklahoma v. McCarthy

45 ELR 20132
4:15-cv-00369 (N.D. Okla., July 2015)

A district court ordered Oklahoma to file a brief by July 16 explaining why the court should have jurisdiction over the state's lawsuit challenging EPA's proposed "Clean Power Plan" to reduce carbon dioxide emissions on a nationwide basis. Numerous states, including Oklahoma, recently filed a...

District court jurisdiction