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Weekly Cases Update Volume 48, Issue 10

Environmental Law & Policy Center v. United States Environmental Protection Agency

48 ELR 20052
3:17CV01514 (N.D. Ohio, April 2018)

A district court held it could not rule on the merits as to whether EPA violated the APA when it approved Ohio's 2016 impaired water list, but nevertheless remanded the case to EPA so it could approve or disapprove Ohio's incomplete CWA §303 list. Under the CWA, states must submit to EPA a list...

Total maximum daily loads (TMDLs), §303(d)

Hall & Assocs. v. Environmental Protection Agency

48 ELR 20055
16-5315 (D.C. Cir., April 2018)

The D.C. Circuit held that EPA properly responded to a consultant's requests for information concerning the Agency's response to alleged scientific misconduct in tightening nitrogen requirements for the Great Bay Estuary in New Hampshire. EPA received two sets of FOIA requests, and the Agency...

Freedom of Information Act (FOIA)

Friends of the Santa Clara River v. United States Army Corps of Engineers

48 ELR 20054
15-56337 (9th Cir., April 2018)

The Ninth Circuit upheld the U.S. Army Corps of Engineers' issuance of a CWA §404 permit authorizing the discharge of materials into the Santa Clara River as part of a large-scale residential, commercial, and industrial development project in Los Angeles County. The proposed project would...

Corps of Engineers permits, Corps

Briggs v. Southwestern Energy Production Co.

48 ELR 20056
2018 PA Super 79 (Pa. Super. Ct., April 2018)

A Pennsylvania appellate court held that a family may go forward with its lawsuit against a natural gas company for operating wells on adjacent property to extract natural gas from beneath the family's property via hydraulic fracturing. The family asserted claims for trespass and conversion and...

Hydraulic Fracturing, Trespass

Community-in-Power & Development Ass'n v. Pruitt

48 ELR 20057
16-cv-1074 (D.D.C., March 2018)

A district court ordered EPA to promulgate revised CAA emission standards for nine industrial sectors by October 1, 2021. Environmental groups wanted the overdue rulemakings to be completed within two years, while the Agency requested seven years. The court determined that three and a half years...

Hazardous air pollutants, §112

Center for Biological Diversity v. United States Fish & Wildlife Service

48 ELR 20058
16-00527 (D. Ariz., March 2018)

A district court held that FWS must comply with a FOIA request for information from its Law Enforcement Management Information System (LEMIS), which, among other things, the agency uses to track species being imported or exported; monitor quotas of a particular species; and intervene in illegal...

Freedom of Information Act (FOIA), Wildlife (generally)

EQT Production Co. v. Department of Environmental Protection

48 ELR 20053
6 MAP 2017 (Sup. Ct. Pa., March 2018)

Pennsylvania's highest court held that the $10,000/day civil penalty under the Clean Streams Law does not apply to each day that pollutants leaked from an impoundment remain in the groundwater and then leach into other waters of the Commonwealth. The case arose after the state environmental...

Clean Streams Law, Damages

Exxon Mobil Corp. v. Schneiderman

48 ELR 20059
17-CV-2301 (S.D.N.Y., December 2017)

A district court dismissed an oil company's lawsuit seeking to stop the New York and Massachusetts Attorneys General (AGs) from investigating whether the company misled investors and the public about its knowledge of climate change and the potential effects that climate change may have on its...

Climate Change (generally)