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Weekly Cases Update Volume 48, Issue 26

Texas v. United States Environmental Protection Agency

48 ELR 20161
3:15-CV-00162 (S.D. Tex., September 2018)

A district court granted Texas' motion to preliminarily enjoin the 2015 Clean Water Rule in Louisiana, Mississippi, and Texas. The state argued that implementing the rule would require it to spend significant time and taxpayer resources attempting to determine how the U.S. Army Corps of...

Navigable Waters

Bohmker v. Oregon

48 ELR 20160
16-35262 (9th Cir., September 2018)

The Ninth Circuit affirmed a summary judgment rejecting a mining association's challenge to an Oregon law that prohibits the use of motorized mining equipment in rivers and streams containing essential salmon habitat. The association argued that the law was field preempted by the federal 1872...

Mining Law of 1872

EQT Production Company v. Department of Environmental Protection

48 ELR 20159
844 C.D. 2017 (Pa. Commw. Ct., September 2018)

A Pennsylvania court affirmed the Pennsylvania Environmental Hearing Board's civil penalty assessment against a natural gas exploration company for violating the state Clean Streams Law. The company argued there was insufficient evidence to support the board's determination that contaminated...

Mining pollution

American Fuel & Petrochemical Manufacturers v. O'Keeffe

48 ELR 20158
15-35834 (9th Cir., September 2018)

The Ninth Circuit affirmed the dismissal of oil and trucking industry groups' challenge to Oregon's Clean Fuels Program, which regulates production and sale of transportation fuels based on greenhouse gas emissions. The groups argued that the program violated the dormant Commerce Clause by...

Fuels regulation, §211, Held not preempted