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Weekly Cases Update Volume 48, Issue 23

South Carolina Coastal Conservation League v. Pruitt

48 ELR 20147
2-18-cv-330-DCN (D.S.C., August 2018)

A district court ruled in favor of environmental groups' challenge EPA's rule suspending the 2015 Waters of the United States Rule (WOTUS Rule), and enjoined the suspension rule nationwide. The groups argued that the suspension rule violated the APA by refusing to solicit public comments on the...

Clean Water Act (CWA)

Millennium Bulk Terminals-Longview, LLC v. State

48 ELR 20148
17-090 (Wash. Pollution Control Hearings Bd., August 2018)

A state review board affirmed the Washington Department of Ecology's denial of a CWA §401 certification requested by a coal company for a proposed coal export terminal. The company argued that its request was categorically exempt from the State Environmental Policy Act (SEPA), and that the...

Clean Water Act (CWA)

Indigenous Environmental Network v. United States Department of State

48 ELR 20144
4:17-cv-0031-BMM (D. Mont., August 2018)

A district court ordered the State Department to supplement its 2014 EIS for a cross-border oil pipeline, known as Keystone XL, to consider the pipeline company's alternative route that was approved for the project. Environmental groups argued that the agency violated NEPA by failing to revisit...

National Environmental Policy Act (NEPA)

Aji P. v. Washington

48 ELR 20145
18-2-04448-1 SEA (Wash. Super. Ct., August 2018)

A Washington state court dismissed a lawsuit filed by young Washingtonians alleging a right to a clean environment and stable climate. Specifically, plaintiffs argued that the state should be required to submit a greenhouse gas emissions reduction plan because they have a state constitutional...

Climate Change (generally)

Alliance for the Wild Rockies v. United States Forest Service

48 ELR 20143
16-35829 (9th Cir., August 2018)

The Ninth Circuit affirmed in part and reversed in part a district court's summary judgment in favor of the U.S. Forest Service's approval of a site-specific project concerning restoration activities on roughly 80,000 acres in Payette National Forest in Idaho. Environmental groups challenged the...

National Environmental Policy Act (NEPA)

Kansas City Power & Light Co. v. Missouri Public Service Commission

48 ELR 20146
WD80911 (Mo. Ct. App., August 2018)

A Missouri appellate court affirmed in part and reversed in part the Missouri Public Service Commission's order suspending an electric utility company's request for a general rate increase.The company argued that the Commission erroneously refused to include electric vehicle charging stations...

Energy (generally)