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Weekly Cases Update Volume 46, Issue 22

Union Neighbors v. Jewell

46 ELR 20133
15-5147 (D.C. Cir., August 2016)

The D.C. Circuit held that FWS violated NEPA when it issued an incidental take permit for the Indiana bat, an endangered species, in connection with a wind farm project in Ohio. Because the farm may pose a danger to the bat, the developer applied for an incidental take permit and submitted a...

Alternative Energy, Incidental taking

Pacific Dawn LLC v. Pritzker

46 ELR 20132
14-15224 (9th Cir., August 2016)

The Ninth Circuit upheld NMFS' 2013 quota regulations for Pacific whiting. NMFS calculated the amount of fish harvesters' and fish processors' initial share of the total allowable catch based on their participation in the fishery prior to 2003 and 2004, respectively. A fish harvester and fish...

Catch quotas

Idaho Conservation League v. Lannom

46 ELR 20134
1:15-cv-246 (D. Idaho, August 2016)

A district court held that the U.S. Forest Service violated NEPA, the Wilderness Act, and the National Forest Management Act (NFMA) in connection with its decision to allow drilling, road reconstruction, and the use of motorized vehicles and heavy equipment at the Golden Hand Mine in the Frank...

Alternatives, §102(2)(E), Frank Church River of No Return Wilderness Area, Mining

U.S. Sugar Corp. v. Environmental Protection Agency

46 ELR 20131
11-1108 et al. (D.C. Cir., July 2016)

The D.C. Circuit, in a 162-page opinion, granted in part and denied in part petitions challenging three EPA rules setting NESHAPs for industrial, commercial, and institutional boilers and commercial and industrial solid waste incinerator (CISWI) units. The petitioners brought approximately 30...

Maximum achievable control technology (MACT), Solid waste incineration units, Startups, shutdowns, and malfunctions (SSMs)

WildEarth Guardians v. Environmental Protection Agency

46 ELR 20130
14-1145 (D.C. Cir., July 2016)

The D.C. Circuit upheld EPA's compliance deadlines for states to meet the NAAQS for fine particulate matter (PM2.5). The court previously had ruled that the framework EPA had been applying to PM2.5 was incorrect, and ordered the Agency to apply a stricter statutory framework. EPA then...

National ambient air quality standards (NAAQS), §109

Pakootas v. Teck Cominco Metals, Ltd.

46 ELR 20129
15-35228 (9th Cir., July 2016)

The Ninth Circuit held that a mining company that operates a smelter in Canada should not be held liable as an arranger under CERCLA for the release and threatened release of hazardous substances in the Upper Columbia River. The company could not be said to have "arranged" for the "disposal" of...

"Passive" disposal, Arrangers