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Weekly Cases Update Volume 49, Issue 25

Center for Biological Diversity v. United States Environmental Protection Agency

49 ELR 20144
No. 18-60102 (5th Cir., August 2019)

The Fifth Circuit dismissed environmental groups' challenge to EPA's issuance of a CWA general permit authorizing discharges from oil and gas facilities operating in the Gulf of Mexico. Environmental groups argued that EPA violated NEPA by failing to prepare an adequate EIS before issuing the...

Environmental impact statement (EIS), Held not satisfied, Permit issuance

Alon Refining Springs, Inc. v. Environmental Protection Agency

49 ELR 20145
No. 16-1052 (D.C. Cir., August 2019)

The D.C. Circuit upheld EPA's implementation of its Renewable Fuel Standards Program, which requires transportation fuel sold in the United States to contain a minimum volume of renewable fuels. Some industry groups argued that EPA arbitrarily refused to revise its 2010 point of obligation rule...

Fuels regulation, §211

Clean Water Action v. United States Environmental Protection Agency

49 ELR 20142
No. 18-60079 (5th Cir. , August 2019)

The Fifth Circuit upheld a 2017 EPA rule that postponed compliance dates mandated by the Agency's 2015 rule setting new effluent limitation guidelines for flue gas desulfurization wastewater and bottom ash transport water from steam electric power plants. Environmental groups argued the 2017...

Effluent limitations, §301

Friends of Animals v. Ross

49 ELR 20141
No. 16-cv-1540 (DLF) (D.D.C., August 2019)

A district court vacated NMFS' 2014 decision not to list the queen conch, a marine mollusk that inhabits the Caribbean Sea and Gulf of Mexico, as endangered or threatened under the ESA. Environmental groups argued the decision should be vacated because NMFS applied a now-vacated agency policy to...

Endangered species listing, Mollusks

TransCanada Keystone Pipeline, LP v. Dunavan

49 ELR 20147
No. S-17-1331 (Neb., August 2019)

A state high court upheld the Nebraska Public Service Commission's determination that approval of an alternative route for a proposed oil pipeline was in the public interest. Landowners and Native American tribes argued the Commission lacked jurisdiction under the state's Major Oil Pipeline...

Environmental Assessment/Impact Statement

Oregon Cattlemen's Association v. U.S. Environmental Protection Agency

49 ELR 20146
No. 19-35564 (9th Cir., August 2019)

In an unpublished opinion, the Ninth Circuit reversed the denial of an environmental group's motion to intervene in a lawsuit challenging EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. The court found that the group had a practical interest in the rule and that this interest...

Intervention, FRCP 24, Clean Water Act (CWA)

Murray Energy Corp. v. Environmental Protection Agency

49 ELR 20143
No. 15-1385 (D.C. Cir., August 2019)

The D.C. Circuit upheld EPA's 2015 revisions to the primary NAAQS for ground-level ozone to protect public health, but remanded to the Agency to reconsider its revisions to the secondary ozone NAAQS that protects public welfare. Industry groups and several states argued that EPA failed to...