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Weekly Cases Update Volume 46, Issue 17

Utah Physicians for a Healthy Environment v. Kennecott Utah Copper LLC

ELR 20107
2:11-cv-01181 (D. Utah, June 2016)

A district court dismissed on summary judgment environmental groups' lawsuit against a mining company for alleged SIP violations as it relates to NAAQS for coarse particular matter (PM10). Under the Utah SIP's "material moved" provision for PM10, total material moved (ore and waste) may not...

Approval and revision, §110(a)

Nucor Steel-Arkansas v. Big River Steel, LLC

ELR 20109
15-1615 (8th Cir., June 2016)

The Eighth Circuit affirmed a lower court decision dismissing a steel company's CAA citizen lawsuit seeking injunctive relief to stop a competitor from constructing or continuing to construct a steel mill. Arkansas's environmental agency already issued the competitor a preconstruction PSD permit...

Preconstruction requirements, §165

Protect Our Communities Foundation v. Jewell

ELR 20106
14-55666, -55842 (9th Cir., June 2016)

The Ninth Circuit upheld BLM's decision to grant a right-of-way allowing a wind energy project to be built and operated on federal lands in southeast San Diego County. Community groups argued that BLM violated NEPA, the Migratory Bird Treaty Act (MBTA), and the Bald and Golden Eagle Protection...

Alternative Energy, Energy resource projects, Bald and Golden Eagle Protection Act (BGEPA), Migratory Bird Treaty Act (MBTA)

New York v. U.S. Nuclear Regulatory Commission

ELR 20105
14-1210 (D.C. Cir., June 2016)

The D.C. Circuit denied several states', environmental groups', and Native Americans' petitions for review challenging an NRC rule and generic EIS concerning the continued, and possibly indefinite, storage of spent fuel from nuclear power plants in the United States. The petitioners argued that...

Nuclear power facilities, Waste disposal

United States v. Sawyer

ELR 20108
15-5181 (6th Cir., June 2016)

The Sixth Circuit upheld a lower court decision sentencing an individual to 60 months in prison and ordered the individual and his co-defendants, jointly and severally, to pay $10,388,576.71 in restitution to EPA for asbestos NESHAPS violations. The individual and co-defendants formed a salvage...

Criminal penalties, NESHAP violations