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Weekly Cases Update Volume 46, Issue 28

Murray Energy Corp. v. United States Department of Defense

46 ELR 20159
15-3751 et al. (6th Cir., October 2016)

The Sixth Circuit, in litigation over the "waters of the United States" (WOTUS) rule, held that an internal U.S. Army Corps of Engineers memorandum critical of the rule's technical analysis may be included in the record. Petitioners argued that the litigation record omits several materials that...

Documents, Corps of Engineers jurisdiction, "Water" construed, Judicial review, §509

Southern Utah Wilderness Alliance v. United States Department of the Interior

46 ELR 20160
2:13-cv-01060-EJF (D. Utah, October 2016)

A district court held that BLM violated NEPA when it issued a FONSI in connection with an energy company's application to drill 16 new gas wells at its natural gas plant in northeastern Utah. Environmental groups alleged that BLM violated NEPA by failing to take a “hard look” at the...

Discussion of, held inadequate, Energy resource projects, Negative determination, EIS not required for

Quad Cities Waterkeeper, Inc. v. Ballegeer

46 ELR 20161
4:12-cv-4075 (C.D. Ill., September 2016)

A district court held that an Illinois excavation company was liable under the CWA for discharging pollutants into a river without a permit. The company discharged concrete, dirt, and other pollutants on the banks and bed of the Green River during its construction and maintenance of a levee. The...

Drainage ditch maintenance, §404(f)(1)(C), Citizen suits, §505