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Weekly Cases Update Volume 48, Issue 20

In re Roundup Productions Liability Litigation

ELR 20118
16-md-02741-VC (N.D. Cal., July 2018)

A district court denied an herbicide manufacturer's motion for summary judgment against claims brought by users of one of its products alleging that the weedkiller caused them to develop non-Hodgkin's lymphoma (NHL), and ruled that the claims could proceed. The users alleged that glyphosate, the...

Pesticides

Delaware Riverkeeper Network v. FERC

ELR 20119
17-5084 (D.C. Cir., July 2018)

The D.C. Circuit upheld the dismissal of a lawsuit brought by an environmental group challenging FERC's funding structure. The group argued that the agency's funding structure created structural bias by incentivizing the agency to approve pipelines in order to seek larger appropriations from...

Administrative Law

Lipton v. EPA

ELR 20117
17-2588 (JDB) (D.C. Cir., July 2018)

The D.C. Circuit denied a newspaper reporter's motion for partial summary judgment to require EPA to publish calendar entries of the EPA Administrator's activities. The reporter argued that the Agency violated FOIA's reading-room provision by failing to make the Administrator's detailed calendar...

Freedom of Information Act (FOIA)

Delaware Department of Natural Resources & Environmental Control v. EPA

ELR 20116
16-1230 (D.C. Cir., July 2018)

The D.C. Circuit denied Delaware's petition to review EPA's decision granting the Philadelphia area an extra year to comply with national ground-level ozone standards. Delaware argued that the Agency's extension violated the CAA because not all four states in the Philadelphia area applied for an...

Clean Air Act (CAA)

Atchafalaya Basinkeeper v. United States Army Corps of Engineers

ELR 20114
18-30257 (5th Cir., July 2018)

The Fifth Circuit vacated a lower court's decision to preliminarily enjoin a pipeline company from constructing part of a pipeline through the Atchafalaya Basin, a sensitive wetlands area in southern Louisiana. Environmental groups argued that the EAs conducted by the U.S. Army Corps of...

National Environmental Policy Act (NEPA), Corps of Engineers permits

American Rivers v. Federal Energy Regulatory Commission

ELR 20113
16-1195 (D.C. Cir., July 2018)

The D.C. Circuit vacated a license renewal that FERC granted for a power plant on the Coosa River. Environmental groups argued that the agency violated the Federal Power Act, NEPA, and the ESA when it issued the power company's license. The appellate court agreed, finding that the EA and...

Federal Power Act (FPA), National Environmental Policy Act (NEPA)

Sierra Club v. EPA

ELR 20115
15-1487 (D.C. Cir., July 2018)

The D.C. Circuit denied petitions from industry groups challenging EPA's new kiln air emissions standards for brick and clay manufacturers, and largely granted petitions from environmental groups who argued the standards were not strict enough to protect human health. Industry groups argued that...

Clean Air Act (CAA)

Wayne Land & Mineral Group LLC v. Delaware River Basin Commission

ELR 20111
17-1800 (3d Cir., July 2018)

The Third Circuit vacated a lower court's dismissal of a company's claim that the Delaware River Basin Commission did not have authority to review the company's proposed fracking activities. The company argued that the Commission lacked authority under the Delaware River Basin Compact to review...

Hydraulic Fracturing

In re Hill

ELR 20112
16-17060 (9th Cir., July 2018)

The Ninth Circuit affirmed a district court's denial of a car owner's motion to intervene in DOJ's case against a German automaker to resolve alleged CAA violations. The owner argued that DOJ's settlement with the automaker violated Virginia's SIP by not requiring all affected vehicles to be...

Clean Air Act (CAA)

Bitterroot Ridge Runners Snowmobile Club v. United States Forest Service

ELR 20110
CV 16-158-M-DLC (D. Mont., June 2018)

A district court granted in part and denied in part outdoor groups' motion for summary judgment seeking injunctive relief from the U.S. Forest Service's Travel Plan for the Bitterroot National Forest (Travel Plan), which prohibits motorized and bicycle travel in wilderness study areas (WSA)...

Bitterroot National Forest (Mont.)