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Weekly Cases Update Volume 46, Issue 21

Property Reserve v. Superior Court of San Joaquin County

46 ELR 20125
S217738 (Cal., July 2016)

The Supreme Court of California held that the state may enter and conduct environmental and geological studies and testing on more than 150 privately owned properties in the Sacramento-San Joaquin Delta that the state might seek to acquire for construction of two new tunnels to deliver fresh...

Drinking water, Inverse condemnation, Takings, Water

Mingo Logan v. Environmental Protection Agency

46 ELR 20127
14-5305 (D.C. Cir., July 2016)

The D.C. Circuit upheld EPA's decision to invoke its veto authority under CWA §404(c) and withdraw two disposal sites from a CWA permit issued by the U.S. Army Corps of Engineers for a mountaintop coal mining project in West Virginia. The areas withdrawn make up roughly 88% of the total...

Corps of Engineers permits, EPA veto, §404(c)

Borcik v. Crosby Tugs, LLC

46 ELR 20128
15-30435 (5th Cir., July 2016)

The Fifth Circuit, in an unpublished opinion, directed the Louisiana Supreme Court to define the meaning of "good faith" as it pertains to an underlying whistleblower suit. A deckhand working for a tugboat company alleged he was repeatedly ordered to dump oil and otherwise violate environmental...


Texas v. United States Environmental Protection Agency

46 ELR 20126
16-60118 (5th Cir., July 2016)

The Fifth Circuit stayed EPA's regional haze plan for Oklahoma and Texas until the underlying petitions for review challenging the rule are resolved. Texas, energy companies, power plants, and others challenged EPA's action disapproving Oklahoma's and Texas' plans and imposing its own plans...

Federal implementation plans (FIPs), §110(c)(1)