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Weekly Cases Update Volume 46, Issue 1

Askins v. Ohio Department of Agriculture

46 ELR 20010
15-3147 (6th Cir., January 2016)

The Sixth Circuit dismissed individuals' CWA citizen suit against the Ohio Department of Agriculture (ODA) for issuing NPDES permits for animal feeding operations without first obtaining approval from EPA. States must notify EPA if they intend to transfer authority over part of the EPA-approved...

State programs, §402(b), State authority, §510

Coastal Conservation Ass'n v. United States Department of Commerce

46 ELR 20006
15-1300 (E.D. La., January 2016)

A district court dismissed recreational fishing groups' lawsuit against NMFS concerning its management of the red snapper fishery in the Gulf of Mexico. The groups challenged the enactment of Amendment 40 to the Gulf of Mexico Fishery Management Council’s Reef Fish Fishery Management Plan and an...

Implementation of fishery management plans (FMPs), §305

Anglers Conservation Network v. Pritzker

46 ELR 20004
14-5304 (D.C. Cir., January 2016)

The D.C. Circuit dismissed recreational fishing groups' lawsuit against NMFS for failing to manage stocks of river herring and shad in the Atlantic Ocean from New York to North Carolina. In 2012, the Mid-Atlantic Fishery Management Council began developing Amendment 15 to the Mackerel, Squid,...

Implementation of fishery management plans (FMPs), §305

Western Exploration LLC v. U.S. Department of the Interior

46 ELR 20008
3:15-cv-00491 (D. Nev., January 2016)

A district court refused to preliminarily enjoin federal land use restrictions intended to protect the greater sage grouse. Mining companies, the state of Nevada, and other plaintiffs filed suit challenging BLM's and the U.S. Forest Service's decisions to amend their resource management plans to...

Wildlife (generally)

Sierra Club v. Village of Painted Post

46 ELR 20005
13-01558 (N.Y. App. Div., December 2015)

A New York appellate court upheld a lower court decision invalidating a water sales agreement that would have allowed a town to sell approximately one million gallons per day from its water supply to an energy company for drilling and hydraulic fracturing in Pennsylvania. Despite the town's...

Hydraulic Fracturing, State Environmental Quality Review Act

Northwest Environmental Defense Center v. Cascade Kelly Holdings LLC

46 ELR 20009
14-1059 (D. Or. , December 2015)

A district court dismissed environmental groups' CAA citizen suit against a crude oil transloading facility for constructing and operating the facility without a prevention of significant deterioration (PSD) permit. The groups allege that the facility is required to have a PSD permit because it...


EQT Production Co. v. Department of Environmental Protection

46 ELR 20007
15 MAP 2015 (Pa., December 2015)

The Pennsylvania Supreme Court held that a natural gas company charged with violating the state's Clean Streams Law may seek preenforcement judicial review of the state environmental agency's interpretation of the statute's penalty provisions. The agency, which has assessed ongoing, multimillion...

Clean Streams Law, Water (generally)

Friends of Animals v. Ashe

46 ELR 20003
14-5172 (D.C. Cir., December 2015)

The D.C. Circuit dismissed a conservation group's lawsuit against FWS for failing to make a timely determination on their petition to list certain species of sturgeon as endangered or threatened under the ESA. Upon the filing of a listing petition, FWS must make an initial determination within...

Findings on petitions to list, §4(b)(3), Judicial review

Dalton Trucking, Inc. v. United States Environmental Protection Agency

46 ELR 20001
13-1283 (D.C. Cir., December 2015)

The D.C. Circuit dismissed petitions challenging EPA's authorization of California regulations intended to reduce emissions of particulate matter and oxides of nitrogen from in-use nonroad diesel engines, ruling that venue was improper. A trucking company filed a petition for review of EPA's...

Court of appeals jurisdiction, §307(b)

Cascadia Wildlands v. Woodruff

46 ELR 20002
3:15-cv-05132 (W.D. Wash., December 2015)

A district court held that USDA's Wildlife Services failed to comply with NEPA with respect to gray wolf management in Washington. The agency entered into a cooperative service agreement with Washington's wildlife agency to help implement the state's Wolf Conservation and Management Plan,...

Held required for, Gray wolf