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Weekly Cases Update Volume 45, Issue 8

Bass Energy v. City of Broadview Heights

45 ELR 20048
CV-14-828074 (Ohio Ct. C.P., March 2015)

An Ohio court struck down a city's ban on drilling new oil and gas wells within its jurisdiction. On the one hand, the ban is a clear exercise of the city's police power; by attempting to ban oil and gas drilling, the city is trying to protect the public health and general welfare. But the ban...

Constitutional law, Hydraulic Fracturing

Natural Resources Defense Council v. U.S. Environmental Protection Agency

45 ELR 20051
13-70544 (9th Cir., March 2015)

The Ninth Circuit denied an environmental group's petition challenging EPA's approval of a revision to California's SIP. The revision provided alternative "not less stringent" controls to what is required in CAA §185's antibacksliding measures, which require that major stationary sources of...

Approval and revision, §110(a)

Precon Development Corp. v. United States Army Corps of Engineers

45 ELR 20049
13-2499 (4th Cir., March 2015)

The Fourth Circuit, in an unpublished opinion, affirmed a lower court decision upholding the U.S. Army Corps of Engineers' conclusion that it has jurisdiction over wetlands on a developer's property. The developer wanted to fill 4.8 acres of wetlands in order to build 10 homes. The wetlands are...

Held included, Dredge and fill permits

Perez v. Mortgage Bankers Ass'n

45 ELR 20050
13-1041 (U.S., March 2015)

The U.S. Supreme Court held that federal agencies need not follow the APA's formal notice-and-comment procedures when they wish to change an interpretive rule. In Paralyzed Veterans of America v. D. C. Arena L.P., 117 F. 3d 579 (D.C. Cir. 1997), the D.C. Circuit held that an agency must...

Notice requirements, §552

Center for Sustainable Economy v. Jewell

45 ELR 20046
12-1431 (D.C. Cir., March 2015)

The D.C. Circuit upheld DOI's five-year plan for oil and gas leases on the outer continental shelf (OCS). A nonprofit group argued that the 2012-2017 leasing schedule violated §18(a) of the Outer Continental Shelf Lands Act, which governs how DOI is to balance competing economic, social, and...

Energy (generally), Oil and gas leasing

Save the Scenic Santa Ritas v. Darwin

45 ELR 20047
LC2014-000262-001 DT (Ariz. Super. Ct., March 2015)

An Arizona court overturned the state's issuance of an air permit for a proposed open-pit copper mine. An environmental group argued that the state's approval of the permit was arbitrary and capricious because the mine has the potential to violate NAAQS. They also claimed that the mine's...

Air pollution, National ambient air quality standards (NAAQS), §109