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Weekly Cases Update Volume 48, Issue 24

Utility Solid Waste Activities Group v. Environmental Protection Agency

ELR 20151
15-1219 (D.C. Cir., August 2018)

The D.C. Circuit granted in part environmental groups' petition challenging EPA's 2015 rule governing the disposal of coal combustion residuals (CCRs) produced by electric utilities and independent power plants. The groups argued that the rule unlawfully disregarded significant risks of harmful...

Resource Conservation and Recovery Act (RCRA)

Center for Biological Diversity v. Zinke

ELR 20150
16-35866 (9th Cir., August 2018)

The Ninth Circuit reversed in part a district court's summary judgment that upheld FWS' decision not to list the arctic grayling as an endangered or threatened species under the ESA. Environmental groups argued that FWS erred in considering only the current range of the arctic grayling when...

Endangered Species Act (ESA)

Air Alliance Houston v. Environmental Protection Agency

ELR 20149
17-1155 (D.C. Cir., August 2018)

The D.C. Circuit vacated EPA's rule delaying the 2017 Chemical Disaster Rule, which established safety standards for chemical facilities. The Agency argued that it had authority under CAA §112 to delay the effective date of the Rule beyond the ninety-day limit set forth in CAA §307 because...

Clean Air Act (CAA)