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Weekly Cases Update Volume 47, Issue 21

Friends of the Eel River v. North Coast Railroad Authority

ELR 20093
CV1103605 and CV1103591 (Cal., July 2017)

The California Supreme Court held that the state Environmental Quality Act (CEQA) was not preempted by federal law. The North Coast Railroad Authority (NCRA) undertook a project to update and repair railroad tracks that run across the Eel and Russian Rivers and restore freight operation in the...

Public Lands

Coalition for Competitive Electricity v. Zibelman

ELR 20092
16-CV-8164 (S.D.N.Y., July 2017)

A district court held that New York's Zero-Emission Credit (ZEC) program is not preempted by federal law. In an effort to curb the effects of global warming, New York issued a Clean Energy Standard (CES) Order that created two programs, one being ZEC. A ZEC is a “credit for the zero-emissions...

Air quality

Chevron Mining Inc. v. DOI

ELR 20090
15-2209 (10th Cir., July 2017)

The Tenth Circuit held that a mining company has the right to recover cleanup costs at a Superfund site because the U.S. government was an owner under the statute. Over the last century, the mining company and its corporate predecessors mined molybdenum at a site near Questa, New Mexico. The...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Sierra Club v. EPA

ELR 20091
15-1246 (D.C. Cir., July 2017)

The D.C. Circuit held that EPA must justify emissions limits set for certain hazardous air pollutants. The CAA requires EPA to set limits for seven different hazardous air pollutants (HAPs). In 2015, the Agency claimed to have identified sources of these pollutants and set emissions limits for...

Clean Air Act (CAA)