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Weekly Cases Update Volume 46, Issue 18

Wyoming v. United States Department of Interior

46 ELR 20114
2:I5-CV-043, -041 (D. Wyo., June 2016)

A district court struck down BLM's rule regulating hydraulic fracturing on federal and Native American lands. Although FLPMA authorizes BLM to take any action necessary to prevent unnecessary or undue degradation of the lands by regulation or otherwise, the government failed to demonstrate that...

Hydraulic Fracturing

Sierra Club v. United States Environmental Protection Agency

46 ELR 20113
10-cv-01541 (D.D.C., June 2016)

A district court ordered EPA to impose a "good neighbor” federal implementation plan (FIP) for Texas with respect to the 1997 fine particulate matter (PM2.5) NAAQS. In 2015, the D.C. Circuit invalidated...

Federal implementation plans (FIPs), §110(c)(1), National ambient air quality standards (NAAQS), §109

Duarte Nursery, Inc. v. United States Army Corps of Engineers

46 ELR 20111
2:13-cv-02095 (E.D. Cal., June 2016)

A district court, on motions for summary judgment, held that the owner of a farm violated the CWA when he allowed wetlands on his property to be tilled. The record shows that the farm discharged a pollutant to navigable waters from a point source without a permit. Soil is a pollutant, the...

Farming and silviculture, §404(f)(1)(A), Enforcement

New Mexico Department of Game & Fish v. United States Department of Interior

46 ELR 20112
CV 16-00462 (D.N.M., June 2016)

A district court preliminarily enjoined FWS from releasing endangered Mexican wolves in New Mexico without first obtaining the necessary permits from the state's game and wildlife agency. New Mexico law requires all persons who import and release non-domesticated animals to obtain a permit...

Experimental populations, §10(j), Wolves

EQT Production Co. v. Wender

46 ELR 20110
2:16-cv-00290 (S.D. W. Va., June 2016)

A district court held that West Virginia law preempts a county's ban on wastewater disposal wells. The ordinance effectively outlaws horizontal drilling anywhere in the county. It establishes a general, countywide ban on all storage of wastewater except for temporary storage of wastewater at...

Hydraulic Fracturing, West Virginia, Underground injection