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Weekly Cases Update Volume 48, Issue 18

Ohio Valley Environmental Coalition, Inc. v. Pruitt

48 ELR 20099
17-1430 (4th Cir., June 2018)

The Fourth Circuit reversed a lower court's grant of summary judgment requiring EPA and West Virginia to address coal mining-related water pollution. Environmental groups argued that EPA failed to perform its nondiscretionary duty under the CWA to promulgate TMDLs for biologically impaired...

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

Western Organization of Resource Councils v. Zinke

48 ELR 20098
15-5294 (D.C. Cir., June 2018)

The D.C. Circuit affirmed a lower court decision granting DOI's motion to dismiss an order compelling it to update the EIS for the federal coal management program. Environmental and community organizations claimed that the programmatic EIS (PEIS) for the program violated NEPA and the APA. They...

Held not required, Regulations

Eli Lilly & Co. v. Arla Foods, Inc.

48 ELR 20100
17-2252 (7th Cir., June 2018)

The Seventh Circuit upheld a preliminary injunction barring a global dairy conglomerate from making any claims in its advertisements that cheese from cows treated with recombinant bovine somato-tropin (rbST), an artificial growth hormone, is dangerous and unhealthy. The conglomerate launched an...

Misrepresentation

Silfab Solar, Inc. v. United States

48 ELR 20097
18-1718 (Fed. Cir., June 2018)

The Federal Circuit affirmed a lower court decision denying three Canadian solar manufacturers' and a U.S. importer's motion for preliminary injunction to bar the enforcement of presidentially imposed tariffs on solar products. The manufacturers and importer argued that imposition of a 30%...

Alternative Energy, Tax

Tindall v. First Solar, Inc.

48 ELR 20101
17-15185 (9th Cir., June 2018)

The Ninth Circuit upheld the dismissal of shareholders' derivative action against a solar panel company for failing to disclose in financial statements and press releases the existence of manufacturing and design defects. The shareholders alleged that the officers and directors of the company...

Alternative Energy, Derivative actions