Weekly Cases Update Volume 48, Issue 10

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 48, Issue 22

ELR 2014217-71636(9th Cir., )

The Ninth Circuit granted environmental groups' petition to review EPA's 2017 order maintaining a tolerance for the pesticide chlorpyrifos, and vacated the Agency's order.

Keywords:
Pesticide registration, §3, Residues of pesticides, §408
ELR 2013717-2406(4th Cir., )

The Fourth Circuit denied environmental groups' petition to review Virginia's issuance of §401 certification under the CWA for construction of a natural gas pipeline.

Keywords:
State certification, §401
ELR 2013916-35589(9th Cir., )

The Ninth Circuit reversed in part and vacated in part a lower court decision granting summary judgment for a proposed logging project in areas of the Kootenai National Forest where two threatened species—the Canada lynx and the Cabinet-Yaak grizzly bear—are present.

Keywords:
Endangered Species Act (ESA)
ELR 2013818-cv-01604-YGR(N.D. Cal., )

A district court granted in part an environmental group's motion for summary judgment to compel EPA to act on its 2016 Plan for the 2008 eight-hour ozone NAAQS adopted by the San Joaquin Valley Air Pollution Control District and granted in part the Agency's motion requesting an extensio

Keywords:
National ambient air quality standards (NAAQS), §109
ELR 2013617-1110(D.C. Cir., )

The D.C. Circuit denied power companies' petitions to review FERC orders approving an exemption to the minimum offer price rule in the New England forward capacity market for a limited amount of qualifying renewable energy.

Keywords:
Federal Power Act (FPA)
ELR 2013585-CV-17-771 and 85-CV-17-516(Minn. Ct. App., )

A Minnesota appellate court affirmed a lower court ruling in favor of a county's zoning ordinance that bans all industrial-mineral mining, including silica-sand mining. A silica-sand mining company argued that the ordinance discriminated against its business.

Keywords:
Commerce Clause
ELR 201411:17-cv-00423-DCN(D. Idaho, )

A district court denied an environmental group's motion for summary judgment challenging DOJ's withholding of legal memos concerning the president's authority to shrink national monuments under the Antiquities Act.

Keywords:
Exemption No. 5
ELR 2013417-2399(4th Cir., )

The Fourth Circuit vacated and remanded BLM's decision granting a right-of-way through federal land for construction of a pipeline and the U.S.

Keywords:
Jefferson National Forest W. Va., Rights-of-way, §28

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