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Weekly Cases Update Volume 49, Issue 21

Idaho Conservation League v. Wheeler

ELR 20122
18-1141 (D.C. Cir., July 2019)

The D.C. Circuit upheld EPA's decision not to issue financial responsibility requirements for the hard-rock mining industry. Environmental groups argued the decision violated CERCLA by wrongly interpreting the term "risk" in the operative provisions as limited to the risk of taxpayer-funded...

Financial responsibility, §108

Appeal of Northern Pass Transmission, LLC

ELR 20121
2018-0468 (N.H., July 2019)

A state high court upheld the New Hampshire Site Evaluation Committee's denial of a utility company's application for siting, construction, and operation of a high-voltage transmission line to carry electricity from Canada into New England. The company argued the committee failed to consider all...

Energy (generally)

Western Watersheds Project v. Bernhardt

ELR 20119
2:19-cv-0750-SI (D. Or., July 2019)

A district court granted in part a motion to preliminarily enjoin BLM from permitting a ranching company to use two grazing allotments that had been authorized by the Secretary of the Interior in response to a presidential pardon of the company's prior criminal convictions. Environmental groups...

National Environmental Policy Act (NEPA)

Newfield Exploration Co. v. North Dakota

ELR 20120
20190088 (N.D., July 2019)

A state high court reversed a summary judgment for a natural gas producer in a challenge to the interpretation of leases it entered into with North Dakota. Before the lower court, the producer challenged the North Dakota Department of Trust Lands' conclusion that the producer had improperly...

Mining