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Weekly Cases Update Volume 46, Issue 36

Competitive Enterprise Institute v. Mann

ELR 20196
14-CV-101, -126 (D.C. Cir., December 2016)

The D.C. Circuit affirmed in part a lower court's decision that a climate scientist may go forward with his defamation suit against two journalists for writing articles that criticized his conclusions about climate change and accused him of deception and academic and scientific misconduct. The...

Climate Change (generally)

National Biodiesel Board v EPA

ELR 20194
15-1072 (D.C. Cir., December 2016)

The D.C. Circuit dismissed as untimely a U.S. biofuel trade group’s lawsuit challenging EPA's decision to allow a group of Argentine biofuel producers to use certain recordkeeping practices in connection with sales of their product in the United States, and challenging the 2010 rule under which...

Energy (generally)

Concerned Pastors v. Khouri

ELR 20191
16-2628 (6th Cir., December 2016)

The Sixth Circuit upheld a district court ruling denying Michigan’s motion to stay a preliminary injunction ordering water system operators in Flint, Michigan, to provide bottled water to residents whose homes do not...

Safe Drinking Water Act (SDWA)

Gulf Restoration Network v. McCarthy

ELR 20198
12-77 (E.D. La. , December 2016)

A district court upheld EPA’s refusal to determine whether new water quality standards were necessary to control nitrogen and phosphorus pollution in the mainstem of the Mississippi River and the Northern Gulf of Mexico. The case arose after EPA denied environmental groups' petition to make such...

Review and revision, §303(c)

Conservation Law Foundation v. Environmental Protection Agency

ELR 20195
15-165-ML (D. R.I. , December 2016)

A district court held that EPA did not fail to carry out non-discretionary duties under the CWA when it failed to notify certain industrial and commercial dischargers that they are required to obtain discharge permits under the Rhode Island Pollution Discharge Elimination System and to provide...

Clean Water Act (CWA), Total maximum daily loads (TMDLs), §303(d)

Coalition of Concerned Citizens v. Federal Transit Authority

ELR 20197
16-2192 (10th Cir. , December 2016)

The Tenth Circuit affirmed a district court ruling denying business owners’ motion to preliminary enjoin the city of Albuquerque, New Mexico, from proceeding with construction of a rapid transit bus system due to alleged NEPA and National Historic Preservation Act (NHPA) violations. The business...

National Environmental Policy Act (NEPA)

Florida Power Corp. v. FirstEnergy Corp.

ELR 20193
1:12-cv-1839-DAP (N.D. Ohio, December 2016)

A district court, on cross-motions for summary judgment, held that a utility company should not be held liable under CERCLA for the release of hazardous substances on two properties owned by an energy company. The energy company brought this action under CERCLA to recover cleanup costs it...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

United States v. Atlantic Richfield Co.

ELR 20192
CV-89-39-BU-SHE (D. Mont., December 2016)

A district court denied as untimely a newspaper’s motion to intervene in a case involving a 27-year-old CERCLA action. The newspaper claimed it had, under state law, the right to information related to confidential settlement negotiations that took place between the U.S. government and a mining...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Wild Fish Conservancy v. Irving

ELR 20190
2:14-CV-0306-SMJ (E.D. Wash. , November 2016)

A district court denied in part and granted in part motions for summary judgment in a suit involving the effects of the Leavenworth [WA] National Fish Hatchery’s operation on endangered Chinook salmon and steelhead in Icicle Creek. An environmental group alleged NMFS's biological opinion (BiOp)...

Endangered Species Act (ESA), Water