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Weekly Cases Update Volume 48, Issue 17

San Juan Citizens Alliance v. United States Bureau of Land Management

48 ELR 20096
16-cv-376 (D.N.M., June 2018)

A district court held BLM violated NEPA when it approved 13 oil and gas leases covering 19,788 acres in the Santa Fe National Forest without considering the leases' impacts on climate change. BLM decided an EIS was not warranted based on its FONSI. But BLM failed to take a hard look at the...

Climate Change (generally), Held required for, Oil and gas lease

New York v. Pruitt

48 ELR 20095
18-cv-406 (S.D.N.Y., June 2018)

A district court ordered EPA to issue federal implementation plans fully resolving interstate transport obligations under the CAA's "good neighbor" provision for the 2008 ozone NAAQS. EPA conceded that it missed the deadline to do so under the Act. The Agency also acknowledged that it was...

Federal implementation plans (FIPs), §110(c)(1), Interstate pollution abatement, §126, National ambient air quality standards (NAAQS), §109

Georgia v. Pruitt

48 ELR 20094
2:15-cv-79 (S.D. Ga., June 2018)

A district court granted 11 states' motion to preliminarily enjoin EPA and the U.S. Army Corps of Engineers from implementing the "waters of the United States" rule, also known as the WOTUS rule or Clean Water Rule. The states demonstrated a likelihood of success on their claims that the rule...

Corps of Engineers jurisdiction, "Water" construed

National Environmental Development Ass'n's Clean Air Project v. Environmental Protection Agency

48 ELR 20093
16-1344 (D.C. Cir., June 2018)

The D.C. Circuit upheld amendments EPA made to its CAA regional consistency regulations that allow regional offices to act counter to national policies when ordered to do so by federal circuit courts. EPA issued the amended regulations in 2016 in response to the D.C. Circuit's decision in ...

Regulatory program

South Carolina v. United States

48 ELR 20092
1:18-cv-01431 (D.S.C., June 2018)

A district court granted South Carolina's motion to preliminarily enjoin DOE from terminating a mixed-oxide fuel fabrication facility project currently under construction until the case can be decided on its merits. The project is designed to turn weapons-grade plutonium into commercial reactor...

Energy, Department of, Facility siting, Radiation

Wyoming v. United States Bureau of Land Management

48 ELR 20091
18-8027, -8029 (10th Cir., June 2018)

The Tenth Circuit refused to stay pending interlocutory appeal a lower court order staying BLM's waste prevention rule, which was issued to reduce the venting, flaring, and leaking of natural gas emissions during oil and gas production activities on onshore federal land. California, New Mexico,...

Greenhouse gases, Judicial review

Marcellus Shale Coalition v. Department of Environmental Protection

48 ELR 20090
J-73-2017 (Pa., June 2018)

Pennsylvania's highest court largely upheld a temporary injunction enjoining the state environmental agency from enforcing certain regulations governing unconventional oil and gas operations. The court reversed the lower court's issuance of the injunction on just two issues. Contrary to the...

Hydraulic Fracturing, Land use