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Weekly Cases Update Volume 49, Issue 1

Town of Weymouth, Massachusetts v. Federal Energy Regulatory Commission

ELR 20003
17-1135 (D.C. Cir., December 2018)

In an unpublished opinion, the D.C. Circuit dismissed a town's petition to review FERC's issuance of a certificate of public convenience and necessity under the Natural Gas Act authorizing upgrades to two natural gas pipelines. The town argued that the Commission violated the Act by approving a...

Discussion of, held adequate, Natural Gas Act (NGA)

Delaware Riverkeeper Network v. Federal Energy Regulatory Commission

ELR 20002
18-1108 (D.C. Cir., December 2018)

In an unpublished opinion, the D.C. Circuit dismissed an environmental group's petition to review FERC's issuance of a certificate of public convenience and necessity authorizing construction of a gas pipeline. The group challenged the Commission's failure to explain why an alternative option to...

Environmental assessment (EA), Natural Gas Act (NGA)

California v. United States Environmental Protection Agency

ELR 20001
18-cv-03237-HSG (N.D. Cal., December 2018)

A district court denied EPA's motion to dismiss a lawsuit brought by several states alleging that the Agency failed to implement and enforce its 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. The Agency argued that the CAA did not unequivocally waive sovereign...

District court jurisdiction, §304(a)

Menominee Indian Tribe of Wisconsin v. U.S. Environmental Protection Agency

ELR 20005
18-C-108 (E.D. Wis., December 2018)

A district court dismissed a Native American tribe's lawsuit challenging a proposed sulfide mine along the banks of the Menominee River, which forms the border between Wisconsin and Michigan's Upper Peninsula. The tribe argued, pursuant to the Act's citizen suit provision, that EPA and the U.S....

Dredge and fill, §404

In re PennEast Pipeline Co., LLC

ELR 20004
18-1585 (D.N.J., December 2018)

In an unpublished opinion, a district court granted a pipeline company eminent domain rights to properties in New Jersey for construction of a natural gas pipeline. Property owners argued that the company's application to immediately access and possess their properties was improper because it...

Right-of-way