Weekly Cases Update Volume 45, Issue 8

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 45, Issue 18

ELR 2011813-73398(9th Cir., )

The Ninth Circuit denied petitions for review challenging EPA's promulgation of 40 C.F.R.

Keywords:
New source review, Approval and revision, §110(a)
ELR 2012312-73386(9th Cir., )

The Ninth Circuit denied a petition for review challenging EPA's approval of a revision to California's SIP that authorized the San Joaquin Valley air pollution control district to impose fees on mobile sources of pollution—primarily motor vehicles—as an alternative to the fees previous

Keywords:
Auto emission standards, Approval and revision, §110(a)
ELR 2012014-275(U.S., )

The U.S. Supreme Court held that a USDA marketing order under the Agricultural Marketing Agreement Act of 1937 requiring raisin producers to participate in a raisin reserve program violates the Fifth Amendment's prohibition against taking property without just compensation.

Keywords:
Agriculture, Just compensation
ELR 2011712-35434(9th Cir., )

The Ninth Circuit held that the U.S. Forest Service violated NEPA and other environmental safeguards when it designated over 2 million acres of public land within the Beaverhead-Deerlodge National Forest for use by snowmobiles and other winter motorized vehicles.

Keywords:
Beaverhead National Forest, Mont., Environmental impact statement (EIS), National forests
ELR 2011913 C 4950(N.D. Ill., )

A district court held that the Federal Highway Administration's (FHwA's) record of decision (ROD) and EIS for a proposed tollroad project between Indiana and Illinois violated NEPA.

Keywords:
Highways, Discussion of, held inadequate
ELR 201223:15-0277(S.D. W. Va., )

A district court dismissed environmental groups' CWA citizen suit against EPA for failing to respond in writing to their administrative petition seeking withdrawal of West Virginia's NPDES permit program, but held that the groups may go forward with their claim that the Agency's fa

Keywords:
Judicial review, §§701-706, Citizen suits, §505, State programs, §402(b)
ELR 2012112-57297(9th Cir., )

The Ninth Circuit upheld a 2010 FWS rule designating critical habitat for the threatened Santa Ana sucker, a small freshwater fish native to several California rivers and streams.

Keywords:
Critical habitat designation, Habitat Conservation Plans, Incidental taking

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