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Weekly Cases Update Volume 49, Issue 33

Safer Chemicals, Healthy Families v. U.S. Environmental Protection Agency

49 ELR 20183
17-72260, 17-72501, 17-72968, 17-73290, 17-73383, and 17-73390 (9th Cir., November 2019)

The Ninth Circuit dismissed in part, granted in part, and denied in part petitions to review EPA's 2017 Risk Evaluation Rule, which established a process for evaluating the risks of chemical substances. Environmental and health groups argued the rule violated TSCA's requirement that EPA evaluate...

Toxic Substances Control Act (TSCA)

Advanced Biofuels Association v. Environmental Protection Agency

49 ELR 20182
18-1115 (D.C. Cir., November 2019)

The D.C. Circuit upheld EPA's decision to modify the criteria or lower the threshold by which the Agency determined whether to grant small refineries an exemption from the CAA's Renewable Fuel Program. An industry group argued that the increase in the number of exemptions granted in 2016 and...

Fuels regulation, §211

National Parks Conservation Association v. Semonite

49 ELR 20181
1:17-cv-01361-RCL (D.D.C., November 2019)

A district court upheld the U.S. Army Corps of Engineers' approval of a permit for an already-constructed 17-mile transmission line after the D.C. Circuit found that the Corps had failed to prepare an EIS for the line in violation of NEPA. The court found that vacatur was not appropriate because...

Held required for

WildEarth Guardians v. Bernhardt

49 ELR 20180
19-cv-001920-RBJ (D. Colo., November 2019)

A district court enjoined the expansion of an underground coal mine into a roadless area in the Gunnison National Forest. Environmental groups argued that OSM's approval of the expansion violated NEPA by failing to consider methane flaring as an alternative. The court found that OSM was required...

Discussion of, held inadequate