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Weekly Cases Update Volume 49, Issue 28

New York v. Environmental Protection Agency

ELR 20162
19-1019 (D.C. Cir., October 2019)

The D.C. Circuit vacated EPA's 2018 update to the Cross-State Air Pollution Rule (CSAPR). States and environmental groups argued that EPA violated the CAA by failing to require upwind states to reduce their contribution of ozone precursors to downwind states in accordance with the deadline by...

Approval and revision, §110(a)

Hardwick v. 3M Co.

ELR 20160
2:18-cv-1185 (S.D. Ohio, September 2019)

A district court denied chemical manufacturing companies' motions to dismiss a lawsuit seeking industry funds to study the human health impacts of per- and polyfluoroalkyl substances (PFAS). An ex-firefighter argued that the companies' production of PFAS caused him to be exposed to the...

Toxic Substances (generally)

United States v. Ameren Missouri

ELR 20163
4:11 CV 77 RWS (E.D. Mo., September 2019)

A district court ordered an electric utility company to obtain a PSD permit to address CAA violations at its coal-fired power plant in Festus, Missouri. EPA argued that the company increased the risk of negative health impacts and premature deaths by releasing excess tons of sulfur dioxide from...

Permits

Demoruelle v. Kucharski

ELR 20161
19-00269 JAO-RT (D. Haw., September 2019)

A district court dismissed a lawsuit brought by a Hawaiian resident alleging that an early start to a county construction project harmed two endangered species—the Hawaiian hawk and Hawaiian hoary bat—in violation of the ESA. The resident argued that the county violated its EIS by allowing...

Held not satisfied, Endangered Species Act (ESA)

Center for Biological Diversity v. U.S. Army Corps of Engineers

ELR 20159
17-1073 (EGS) (D.D.C., September 2019)

A district court denied a motion for summary judgment against the U.S. Army Corps of Engineers and Customs and Border Protection for failure to disclose under FOIA information related to construction of a wall along the Mexican border. An environmental group argued the agencies improperly...

Deliberative-process privilege, Exemption No. 6, Exemption No. 7

Center for Biological Diversity v. Jewell

ELR 20164
16-CV-1932-MSK-STV (D. Colo., September 2019)

A district court vacated in part and remanded in part FWS' 2014 determination to remove the Rio Grande cutthroat trout from the ESA list of endangered and threatened wildlife. An environmental group argued that FWS failed to adequately explain why it used different methodologies in its 2008 and...

Threatened species listing