Weekly Cases Update Volume 48, Issue 8

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 18

ELR 2009718-1718(Fed. Cir., )

The Federal Circuit affirmed a lower court decision denying three Canadian solar manufacturers' and a U.S. importer's motion for preliminary injunction to bar the enforcement of presidentially imposed tariffs on solar products.

Keywords:
Tax, Alternative Energy
ELR 2010117-15185(9th Cir., )

The Ninth Circuit upheld the dismissal of shareholders' derivative action against a solar panel company for failing to disclose in financial statements and press releases the existence of manufacturing and design defects.

Keywords:
Derivative actions, Alternative Energy
ELR 2010017-2252(7th Cir., )

The Seventh Circuit upheld a preliminary injunction barring a global dairy conglomerate from making any claims in its advertisements that cheese from cows treated with recombinant bovine somato-tropin (rbST), an artificial growth hormone, is dangerous and unhealthy.

Keywords:
Misrepresentation
ELR 2009815-5294(D.C. Cir., )

The D.C. Circuit affirmed a lower court decision granting DOI's motion to dismiss an order compelling it to update the EIS for the federal coal management program. Environmental and community organizations claimed that the programmatic EIS (PEIS) for the program violated NEPA and the APA.

Keywords:
Regulations, Held not required
ELR 2009917-1430(4th Cir., )

The Fourth Circuit reversed a lower court's grant of summary judgment requiring EPA and West Virginia to address coal mining-related water pollution.

Keywords:
Total maximum daily loads (TMDLs), §303(d)

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