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Weekly Cases Update Volume 46, Issue 27

Public Employees for Environmental Responsibility v. U.S. Environmental Protection Agency

ELR 20158
15-cv-1012 (D.D.C., September 2016)

A district court held that EPA's Office of Inspector General (OIG) need not turn over under FOIA certain documents concerning a potential violation of federal “revolving-door” prohibitions by a former member of the U.S. Chemical Safety and Hazard Investigation Board. EPA-OIG produced nearly 900...

Exemption No. 5

Red Wolf Coalition v. United States Fish & Wildlife

ELR 20157
2:15-CV-42-BO (E.D.N.C., September 2016)

A district court issued a preliminary injunction enjoining FWS from conducting or authorizing the take of wild red wolves on private land without first demonstrating that the wolf at issue is a threat to humans, pets, or livestock. Animal rights groups argued that prior to 2014, FWS interpreted...

"Take," §9(a)(1)(B), Wolves

Robinson Township v. Commonwealth

ELR 20156
104 MAP 2014 & 105 MAP 2014 (Pa., September 2016)

The Pennsylvania Supreme Court struck down as unconstitutional portions of a 2012 law governing oil and gas operations in the Marcellus Shale. This is the second time the law, known as Act 13, has been reviewed by the court: in 2013, the court...

Constitutional law, Hydraulic Fracturing

United Cook Inlet Drift Ass'n v. National Marine Fisheries Service

ELR 20155
14-35928 (9th Cir., September 2016)

The Ninth Circuit held that NMFS violated the Magnuson-Stevens Fishery Conservation and Management Act when it excluded an historic net-fishing area of Cook Inlet from the salmon fishery management plan (FMP). The Magnuson-Stevens Act unambiguously requires a regional fishery management council...

Implementation of fishery management plans (FMPs), §305

Humane Society of the United States v. McCarthy

ELR 20154
15-cv-00141 (D.D.C., September 2016)

A district court dismissed environmental and animal rights groups' lawsuit against EPA for failing to respond to a 2009 petition for rulemaking that asked the Agency to regulate concentrated animal feeding operations (CAFOs) as a source of air pollution under the CAA. The groups argued EPA...

Agriculture, Notice of intent to sue, §304(b)