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Weekly Cases Update Volume 49, Issue 24

Natural Resources Defense Council v. United States Environmental Protection Agency

49 ELR 20139
18-cv-11227 (PKC) (S.D.N.Y., August 2019)

A district court denied environmental groups' motion for summary judgment in a lawsuit seeking FOIA disclosure of an EPA computer model related to its rollback of Obama-era greenhouse gas emission standards for vehicle manufacturers. The groups challenged EPA's withholding of the model pursuant...

Exemption No. 5

Georgia v. Wheeler

49 ELR 20138
2:15-cv-0079 (S.D. Ga., August 2019)

A district court granted a motion for summary judgment in a challenge to EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. States and industry groups argued the rule violated the CWA by extending the agencies' jurisdiction beyond the limits of the Act. The court determined that...

"Navigable waters" construed

California Communities Against Toxics v. Environmental Protection Agency

49 ELR 20137
18-1085 (D.C. Cir., August 2019)

The D.C. Circuit dismissed a challenge to a 2018 EPA memo that interpreted §112 of the CAA to mean that major sources of toxic emissions could reclassify to area sources and thereby ease their regulatory obligations. California and environmental groups argued that EPA failed to provide notice...

"Final agency action" construed

Western Watersheds Project v. Interior Board of Land Appeals

49 ELR 20140
1:19-cv-037-BLW (D. Idaho, August 2019)

An Idaho district court transferred venue in a challenge to BLM's decision to renew livestock grazing permits for an allotment in northern Utah and to the Interior Board of Land Appeals' (IBLA's) reinstatement of that decision. An environmental group argued that BLM's decision violated FLPMA and...

Judicial review