Weekly Cases Update Volume 48, Issue 6

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 10

ELR 2005917-CV-2301(S.D.N.Y., )

A district court dismissed an oil company's lawsuit seeking to stop the New York and Massachusetts Attorneys General (AGs) from investigating whether the company misled investors and the public about its knowledge of climate change and the potential effects that climate change may have on it

Keywords:
Climate Change (generally)
ELR 200562018 PA Super 79(Pa. Super. Ct., )

A Pennsylvania appellate court held that a family may go forward with its lawsuit against a natural gas company for operating wells on adjacent property to extract natural gas from beneath the family's property via hydraulic fracturing.

Keywords:
Trespass, Hydraulic Fracturing
ELR 2005415-56337(9th Cir., )

The Ninth Circuit upheld the U.S. Army Corps of Engineers' issuance of a CWA §404 permit authorizing the discharge of materials into the Santa Clara River as part of a large-scale residential, commercial, and industrial development project in Los Angeles County.

Keywords:
Corps of Engineers permits, Corps
ELR 200523:17CV01514(N.D. Ohio, )

A district court held it could not rule on the merits as to whether EPA violated the APA when it approved Ohio's 2016 impaired water list, but nevertheless remanded the case to EPA so it could approve or disapprove Ohio's incomplete CWA §303 list.

Keywords:
Total maximum daily loads (TMDLs), §303(d)
ELR 2005516-5315(D.C. Cir., )

The D.C. Circuit held that EPA properly responded to a consultant's requests for information concerning the Agency's response to alleged scientific misconduct in tightening nitrogen requirements for the Great Bay Estuary in New Hampshire.

Keywords:
Freedom of Information Act (FOIA)
ELR 200536 MAP 2017(Sup. Ct. Pa., )

Pennsylvania's highest court held that the $10,000/day civil penalty under the Clean Streams Law does not apply to each day that pollutants leaked from an impoundment remain in the groundwater and then leach into other waters of the Commonwealth.

Keywords:
Clean Streams Law, Damages
ELR 2005816-00527(D. Ariz., )

A district court held that FWS must comply with a FOIA request for information from its Law Enforcement Management Information System (LEMIS), which, among other things, the agency uses to track species being imported or exported; monitor quotas of a particular species; and intervene in illegal t

Keywords:
Freedom of Information Act (FOIA), Wildlife (generally)

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