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Weekly Cases Update Volume 48, Issue 8

Atchafalaya Basinkeeper v. United States Army Corps of Engineers

48 ELR 20042
18-30257 (5th Cir., March 2018)

The Fifth Circuit stayed a preliminary injunction that barred a company from constructing a crude oil pipeline through the environmentally sensitive Atchafalaya Basin. An environmental group claimed that the U.S. Army Corps of Engineers unlawfully issued a permit allowing the construction, and a...

Dredge and fill permits

B&R Resources, LLC v. Department of Environmental Protection

48 ELR 20041
1234 C.D. 2017 (Pa. Commw. Ct., March 2018)

A Pennsylvania appellate court reversed and remanded a lower court's decision that the owner of an oil and gas company should be liable for failing to plug 47 abandoned oil and gas wells located in Erie and Crawford Counties. The state environmental agency issued an administrative order...

Hazardous, Hazardous wastes & substances

Ideker Farms, Inc. v. United States

48 ELR 20039
14-183L (Fed. Cl., March 2018)

In a 259-page opinion, a federal claims court held that the U.S. Army Corps of Engineers is responsible for causing recurrent flooding along the Missouri River. Farmers, landowners, and business owners filed takings claims against the government, arguing that the Corps' management of the...

Taking of private property, Navigable waters

American Petroleum Institute v. Environmental Protection Agency

48 ELR 20038
09-1038 (D.C. Cir., March 2018)

The D.C. Circuit clarified an earlier ruling vacating portions of a 2015 rule that defined when certain hazardous materials were deemed discarded—as opposed to legitimately recycled—and therefore subject to EPA's oversight under RCRA. In 2017, the court upheld some aspects of the rule and...

Regulations

Texas v. New Mexico

48 ELR 20035
141 (U.S., March 2018)

The U.S. Supreme Court held that the United States may pursue claims against New Mexico for violating the Rio Grande Compact, which Colorado, New Mexico, and Texas entered into in the 1930s to resolve disputes over water rights. Texas filed suit alleging that New Mexico was allowing its...

Quantity, Water allocation under federal law, Water allocation under state law