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Weekly Cases Update Volume 47, Issue 7

United States v. Navistar Int'l Corp.

ELR 20032
15 CV 6143 (N.D. Ill., March 2017)

A district court granted summary judgment in EPA's favor against an engine maker for introducing on-highway engines into commerce without certification, in violation of the CAA. The Act requires that a manufacturer of on-highway engines apply for and obtain a Certificate of Conformity for those...

Clean Air Act (CAA)

United States v. Navistar Int'l Corp.

ELR 20032
15 CV 6143 (N.D. Ill., March 2017)

A district court granted summary judgment in EPA's favor against an engine maker for introducing on-highway engines into commerce without certification, in violation of the CAA. The Act requires that a manufacturer of on-highway engines apply for and obtain a Certificate of Conformity for those...

Clean Air Act (CAA)

Center for Regulatory Reasonableness v. EPA

ELR 20031
14-1150 (D.C. Cir., February 2017)

The D.C. Circuit held that it lacks jurisdiction to hear a challenge to EPA's 2011 stormwater policy letters with respect to publicly owned water treatment facilities. In an 2013 decision, the Eighth Circuit...

Clean Water Act (CWA)

Ohio Valley Envtl. Coalition, Inc. v McCarthy

ELR 20033
3:15-0271 (S.D. W. Va., February 2017)

A district court held that EPA violated a nondiscretionary duty under the CWA in not reviewing West Virginia's TMDL submissions. The West Virginia Department of Environmental Protection (WVDEP) identified ionic toxicity as a cause of biological impairment in many streams throughout the state...

Clean Water Act (CWA)