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Weekly Cases Update Volume 46, Issue 8

Sierra Club v. Oklahoma Gas & Electric Co.

46 ELR 20054
14-7065 (10th Cir., March 2016)

The Tenth Circuit dismissed an environmental group's citizen suit against an Oklahoma power company for CAA violations at a power plant. The group claimed the company modified a coal-fired boiler without first obtaining an emission-regulating permit as required by the CAA. But because the group...

Citizen suits, §304, Civil penalty provisions, §113(b), Injunctive relief, Permits

Ark Initiative v. Tidwell

46 ELR 20049
14-5259 (D.C. Cir., March 2016)

The D.C. Circuit upheld the U.S. Forest Service's decision to exclude approximately 8,300 acres of federal land that fall within recreational ski boundaries from the Colorado roadless rule. The Service issued the rule in 2012, adopting state-specific standards for the designation and management...

National forests, National forests

Kingman Park Civic Ass'n v. Bowser

46 ELR 20050
14-7168 (D.C. Cir., March 2016)

The D.C. Circuit upheld the dismissal of a community group's lawsuit challenging the construction of a streetcar storage and training facility and the installation of overhead wires along a 2.2-mile stretch of a new streetcar line in Washington, D.C. The groups claimed that legislation...

Transportation

United States ex rel. Mateski v. Raytheon Co.

46 ELR 20051
13-55341 (9th Cir., March 2016)

The Ninth Circuit held that the public disclosure bar of the False Claims Act did not bar an individual's qui tam lawsuit against his employer under the Act. The employer, an engineering company, entered into a contract with NOAA to design and build a Visible Infrared Imaging Radiometer Suite (...

False Claims Act (FCA)

Mukilteo v. U.S. Department of Transportation

46 ELR 20052
13-70385 (9th Cir., March 2016)

The Ninth Circuit denied a petition challenging the FAA's decision that no EIS was necessary to commence operating commercial passenger service at an industrial airport near Everett, Washington. The FAA prepared an EA, but chose not to prepare an EIS following its finding of no significant...

Airports

Shell Offshore Inc. v. Greenpeace, Inc.

46 ELR 20053
15-35392 (9th Cir., March 2016)

The Ninth Circuit dismissed an environmental group's appeal of a preliminary injunction that barred it from interfering with oil exploration activities in the Chukchi Sea. The group challenged the injunction on several...

Energy (generally), Injunctions, FRCP 65

Sierra Club de Puerto Rico v. Environmental Protection Agency

46 ELR 20055
14-1138 (D.C. Cir., March 2016)

The D.C. Circuit dismissed environmental groups' lawsuit seeking to vacate an EPA rule that implements the CAA's new source review (NSR) permitting scheme in nonattainment areas. The groups filed suit after EPA issued an energy company a PSD permit to build a waste incinerator in Arecibo, Puerto...

60-day requirement, Permits