Weekly Cases Update Volume 48, Issue 5

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 48, Issue 9

ELR 2004516-1021(D.C. Cir., )

The D.C. Circuit granted in part and denied in part petitions concerning EPA's NESHAPs for industrial boilers.

Keywords:
Hazardous air pollutants, §112
ELR 2004312-1342(D.C. Cir., )

The D.C. Circuit upheld EPA's 2012 regional haze rule, which seeks to restore air quality and visibility in certain national parks and wilderness areas to what they would be under natural conditions.

Keywords:
Visibility protection for class I areas, §169A
ELR 2005117-cv-04929 et al.(N.D. Cal., )

A district court granted California cities' motions to remand their climate change tort actions against oil and gas companies back to state court. Although their state law claims raise national and perhaps global questions, they should not have been removed to federal court.

Keywords:
Climate Change (generally), Removal jurisdiction
ELR 200444:16-cv-00021(D. Mont., )

A district court held that BLM violated NEPA by failing to adequately consider climate change in the resource management plans (RMPs) for Buffalo, Wyoming, and Miles City, Montana, both located within the coal-rich Powder River Basin.

Keywords:
Climate Change (generally), Resource development, Energy resource projects
ELR 200503:17-cv-0101(D. Alaska, )

A district court denied motions to dismiss environmental groups' lawsuit challenging Executive Order 13795, “Implementing an America-First Offshore Energy Strategy,” which reversed President Obama’s withdrawal of 128 million acres in the Arctic and Atlantic Oceans from future oil and gas lea

Keywords:
Energy (generally), Executive Orders
ELR 20048 7:16-CV-6-KKC(E.D. Ky., )

A district court upheld a surface coal mining permit issued to a company even though the cotenant objected to any mining on the property. The company cotenant conveyed the right to enter and surface mine coal to an affiliate, but the other cotenant did not consent to surface mining.

Keywords:
State laws, §505, State programs, §503, Land use
ELR 200491:16-cv-2435(D.D.C., )

A district court dismissed environmental groups' lawsuit against the FDA concerning the use of formaldehyde and formaldehyde-producing chemicals in hair-straightening products.

Keywords:
Formaldehyde
ELR 2004617-cv-03434(N.D. Cal., )

A district court held that EPA violated the APA by failing to provide notice and opportunity to comment before delaying the effective date of a January 2017 rule concerning the certification and use of “restricted use pesticides." The rule, which was to go into effect on March 6, 2017, estab

Keywords:
Pesticides
ELR 2004717-30441(5th Cir., )

The Fifth Circuit affirmed a lower court decision dismissing an environmental restoration company's lawsuit against the U.S. Army Corps of Engineers for building new wetlands without considering whether it should buy mitigation credits from the company.

Keywords:
Mitigation

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