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Weekly Cases Update Volume 47, Issue 24

Sierra Club v. FERC

ELR 20104
16-1939 & 16-1387 (D.C. Cir., August 2017)

The D.C. Circuit held that carbon emissions from gas-burning power plants should have been considered in federal regulators’ review of a Florida natural gas pipeline. Environmental groups and landowners challenged a FERC decision to approve the construction and operation of three new interstate...

Air quality

Emhart Industries Inc. v. New England Container Co.

ELR 20105
06-cv-218 (D.R.I., August 2017)

A district court held that an industrial chemical company is not liable for fines for refusing to comply with an administrative order under CERCLA. In an previous decision, the company was found jointly and severally liable for the release of dioxin at the Centredale Manor Restoration Project...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

El Paso Natural Gas Co. LLC v. U.S.

ELR 20106
CV-14-08165-PCT-DGC (D. Ariz., August 2017)

A district court held that a natural gas company can seek contribution from the federal government for uranium contamination cleanup under CERCLA. The company filed suit against the federal government for contribution for costs incurred cleaning up 19 former uranium mines on a Navajo reservation...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Sierra Club v. U.S. Department of Energy

ELR 20102
15-1489 (D.C. Cir., August 2017)

The D.C. Circuit denied a environmental group's petition to review a FERC decision allowing the transport of liquefied natural gas (LNG) from the Freeport Terminal in Texas. In 2011, an energy company requested permission for daily exports of LNG out of Freeport. FERC granted the application,...

National Environmental Policy Act (NEPA)

Sinclair Wyoming Refining Co. v. EPA

ELR 20103
16-9532 (10th Cir., August 2017)

The Tenth Circuit rejected EPA's decision to deny an oil company's request for an exemption from the blending requirement under the Renewable Fuel Standards Program of the CAA. In 2005, Congress amended the CAA to require refiners and importers to blend biofuels into gasoline to cut down on...

Clean Air Act (CAA)

Montana Environmental Information Center v. U.S. Office of Surface Mining

ELR 20101
CV 15-106-M-DWM (D. Mont. , August 2017)

A district court halted the expansion of a Montana coal mine approved by the Surface Mining Enforcement Office for violations of NEPA. In 2008, a coal company requested approval of a mine expansion in the Bull Mountains to extract coal owned by the federal government. In 2011, BLM prepared an EA...

National Environmental Policy Act (NEPA)