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Weekly Cases Update Volume 47, Issue 22

Americans For Clean Energy v. EPA

47 ELR 20094
16-1005 (D.C. Cir., July 2017)

The D.C. Circuit held that EPA erred in how it interpreted and used the “inadequate domestic supply” waiver in the Renewable Fuel Standard law when setting low renewable fuel volumes for 2014-2016. In December 2015, EPA promulgated a rule establishing volume requirements and the resulting...

Energy (generally)

Herr v. Forest Service

47 ELR 20096
16-2126 (6th Cir., July 2017)

The Sixth Circuit held that the Forest Service's rules regarding recreational boating on Crooked Lake in Michigan's Sylvania Wilderness exceeded the agency's power as applied to private property owners. Congress gave the Forest Service authority to regulate any use of Crooked Lake and nearby...


Farrell-Cooper Mining Co. v. DOI

47 ELR 20095
16-7061 (10th Cir., July 2017)

The Tenth Circuit held that a coal mining company was entitled to judicial review of a DOI decision after a lower court dismissed the suit. In 2013, the company was cited by DOI for a violation of SMCRA. In 2015, the mining company filed a notice of appeal and a petition for stay pending appeal...

Surface Mining Control and Reclamation Act (SMCRA)