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Weekly Cases Update Volume 49, Issue 26

Wisconsin v. Environmental Protection Agency

49 ELR 20149
16-1406 (D.C. Cir., September 2019)

The D.C. Circuit granted in part and denied in part a petition challenging EPA's update to the Cross-State Air Pollution Rule. Environmental groups and Delaware argued that EPA violated the CAA by failing to require upwind states to eliminate their significant contributions in accordance with...

Approval and revision, §110(a)

WildEarth Guardians v. United States Fish and Wildlife Service

49 ELR 20153
CV-13-00151-TUC-RCC (D. Ariz., September 2019)

A district court granted in part a motion for summary judgment in a challenge to FWS' 2012 biological opinions concerning protections for the threatened Mexican spotted owl. An environmental group argued the opinions, which concluded that timber management activities proposed by the U.S. Forest...

Biological opinion, §7(b)

In re PennEast Pipeline Co., LLC

49 ELR 20150
19-1191 thru 19-1232 (3d Cir., September 2019)

The Third Circuit vacated a district court decision granting a gas pipeline company's orders of condemnation and preliminary injunctive relief for immediate access to properties along the pipeline route that had been preserved by New Jersey for recreational, conservation, and agricultural use....

Natural Gas Act (NGA)

American Fuel & Petrochemical Manufacturers v. Environmental Protection Agency

49 ELR 20148
17-1258 (D.C. Cir., September 2019)

The D.C. Circuit granted a petition to review EPA's 2018 rule that set renewable fuel applicable volumes and percentage standards under the Renewable Fuel Standard Program. Environmental groups argued that the Agency violated the ESA by failing to consult with FWS and NMFS regarding whether the...


Pacific Coast Federation of Fishermen's Ass'ns v. Glaser

49 ELR 20152
17-17130 (9th Cir., September 2019)

The Ninth Circuit reversed the dismissal of a lawsuit concerning a tile drainage system in the San Joaquin Valley that discharged agricultural drainage into navigable waters without an NPDES permit. Fishermen and conservation groups argued the district court erred by placing the burden on them...

National pollutant discharge elimination system (NPDES) permit program, 402

City of Oberlin, Ohio v. Federal Energy Regulatory Commission

49 ELR 20151
18-1248 (D.C. Cir., September 2019)

The D.C. Circuit remanded to FERC for further explanation of its order authorizing a company to construct an interstate natural gas pipeline through Michigan and Ohio and to use eminent domain to acquire any necessary rights-of-way. A city and landowner group sought vacatur of the order, arguing...

Natural Gas Act (NGA)

Board of County Commissioners of Boulder County v. Suncor Energy (U.S.A.) Inc.

49 ELR 20154
18-cv-01672-WJM-SKC (D. Colo., September 2019)

A district court granted Boulder County's motion to remand to state court its lawsuit against energy companies for causing, contributing to, and exacerbating climate change. The companies argued the challenge belonged in federal court because it threatened to interfere with long-standing federal...

Climate Change (generally)