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Weekly Cases Update Volume 45, Issue 24

North Dakota v. U.S. Environmental Protection Agency

45 ELR 20159
3:15-cv-59 (D.N.D., August 2015)

A district court preliminarily enjoined EPA's and the U.S. Army Corps of Engineers' controversial "waters of the United States" rule. Thirteen states—Alaska, Arizona, Arkansas, Colorado, Idaho, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, South Dakota and Wyoming—challenged the...

District court jurisdiction, Corps of Engineers jurisdiction, Wetlands

Murray Energy Corp. v. United States Environmental Protection Agency

45 ELR 20158
1:15CV110 (N.D. W. Va., August 2015)

A district court held that it lacked jurisdiction over a coal company's lawsuit challenging EPA's and the U.S. Army Corps of Engineers' controversial "waters of the United States" rule. The agencies filed a motion to stay the case based, in part, on their position that exclusive jurisdiction to...

District court jurisdiction, Corps of Engineers jurisdiction, Wetlands

ONRC Action v. United States Bureau of Reclamation

45 ELR 20157
12-35831 (9th Cir., August 2015)

The Ninth Circuit held that the U.S. Bureau of Reclamation did not violate the CWA by discharging pollutants into the Klamath River without a permit in connection with its management of an irrigation project along the California-Oregon border. The Klamath Straits Drain, part of the Klamath...

Held not included

Beardslee v. Inflection Energy, LLC

45 ELR 20156
12-4897 (2d Cir., August 2015)

The Second Circuit held that New York's moratorium on hydraulic fracturing did not allow energy companies to extend oil and gas leases they entered into with landowners. The leases contained "force majeure" clauses, excusing the parties from nonperformance due to events outside their control, as...

Hydraulic Fracturing

National Ass'n of Manufacturers v. Securities and Exchange Commission

45 ELR 20155
13-5252 (D.C. Cir., August 2015)

The D.C. Circuit reaffirmed its prior decision that the Securities and Exchange Commission's (SEC's) "conflict materials" rule violates the First Amendment. SEC issued the rule in 2012 pursuant to §...

Free speech, Securities and Exchange Commission

American Fuels & Petrochemical Manufacturers Ass'n v. Corey

45 ELR 20154
1:09-cv-2234 (E.D. Cal., August 2015)

A district court largely dismissed claims challenging California's Low Carbon Fuel Standard, a collection of regulations promulgated by the California Air Resources Board to implement provisions of California Assembly Bill 32, the Global Warming Solutions Act of 2006. In September 2013, the...

Climate Change, Climate Change (generally)