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Weekly Cases Update Volume 49, Issue 13

Otsego 2000 v. Federal Energy Regulatory Commission

49 ELR 20078
18-1188 (D.C. Cir., May 2019)

The D.C. Circuit dismissed an environmental group's petition to review FERC's order granting a certificate to a pipeline company to construct and operate compression facilities for one of its projects. The group argued that FERC was required under NEPA to include an evaluation of upstream and...

Environmental effects

Dine Citizens Against Ruining Our Environment v. Bernhardt

49 ELR 20077
18-2089 (10th Cir., May 2019)

The Tenth Circuit affirmed in part and reversed in part a district court ruling that upheld BLM's approval of oil and gas wells in the Mancos Shale area of the San Juan Basin in northeastern New Mexico. Environmental groups argued that the agency violated the National Historic Preservation Act...

Cumulative impacts

California v. United States Environmental Protection Agency

49 ELR 20074
18-cv-03237-HSG (N.D. Cal., May 2019)

A district court granted in part summary judgment against EPA for failure to implement its 2016 Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. Eight states argued that the Agency failed to implement and enforce the guidelines by (1) failing to approve or disapprove...

Clean Air Act (CAA)

Mathis v. Iowa Utilities Board

49 ELR 20080
18-1184 (Iowa, May 2019)

The Iowa Supreme Court affirmed a lower court ruling that upheld the Iowa Utilities Board's approval of a 170-turbine wind project in northwest Iowa. Landowners argued that the project was located at a "single site" and thus should have required a certificate of public convenience, use, and...

Energy (generally)

Montgomery, County of v. Complete Lawn Care, Inc.

49 ELR 20075
1203 (Md. Ct. Spec. App., May 2019)

A state appellate court reversed a lower court ruling that struck down a county ordinance banning the use of certain pesticides for cosmetic purposes throughout the county. The lower court concluded the ordinance was preempted by state law, which allowed the sale of pesticides and the use of it...

Local regulation

Environmental Defense Fund v. Environmental Protection Agency

49 ELR 20079
17-1201 (D.C. Cir., April 2019)

The D.C. Circuit granted in part and denied in part an environmental group's petition to review EPA's 2017 Inventory Rule that imposed new reporting requirements under TSCA for chemical manufacturers and processors. The group argued that the rule failed to require companies to substantiate that...

Toxic Substances Control Act (TSCA)

Oregon Natural Desert Ass'n v. Rose

49 ELR 20076
18-35258 and 18-35282 (9th Cir., April 2019)

The Ninth Circuit affirmed in part and vacated in part a district court's judgment upholding BLM's and the Interior Board of Land Appeals' decisions concerning recreation and travel management plans for motorized vehicle use in the Steens Mountain Cooperative Management and Protection Area in...

Discussion of, held inadequate