Weekly Cases Update Volume 49, Issue 6

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 49, Issue 12

ELR 2007017-1273(D.C. Cir., )

The D.C. Circuit denied downwind states' petition challenging EPA's refusal to expand the Northeast Ozone Transport Region, which consists of states required by the Agency to enact tight restrictions on pollutants that contribute to ozone that drifts across state lines.

Keywords:
Interstate pollution abatement, §126
ELR 20063C 17-5948 SBA(N.D. Cal. , )

A district court granted California's and New Mexico's motion for summary judgment in an APA challenge to DOI's repeal of the Valuation Rule and its restoration of prior regulations governing payment of royalties on oil, gas, and coal extracted pursuant to leases of federal and Ind

Keywords:
Requirements not met
ELR 2006517-1334(10th Cir., )

The Tenth Circuit affirmed a district court ruling that upheld the U.S. Forest Service's management plan to protect the San Isabel and White River National Forests from insects, disease, and fire, improve wildlife habitat, and maintain watershed conditions.

Keywords:
Discussion of, held adequate
ELR 20066CV-17-30-GF-BMM(D. Mont., )

A district court granted in part a challenge to DOI's decision to lift a 2016 moratorium on new coal leasing on public lands.

Keywords:
"Major Federal action" construed
ELR 2006917-5247(D.C. Cir., )

The D.C. Circuit affirmed summary judgment for NMFS in a challenge to the agency's adoption of the 2016 Standardized Bycatch Reporting Methodology for fisheries in the northeastern United States.

Keywords:
Fishery Conservation and Management Act (Magnuson-Stevens Act)
ELR 2006715-60821(5th Cir., )

The Fifth Circuit vacated portions of a 2015 EPA rule that set new effluent limitation guidelines (ELGs) for legacy wastewater and combustion residual leachate that are discharged from steam electric power plants.

Keywords:
Best available technology economically achievable (BAT), §301(b)(2)(A)
ELR 20072CV 16-8418 PSG (FFMx)(C.D. Cal., )

A district court denied an offshore drilling platform operator's motion to reconsider the court's previous ruling that barred the Bureau of Ocean Energy Management (BOEM) from issuing offshore drilling permits until it conducted further environmental review.

Keywords:
Consistency, §307
ELR 200683:18-cv-05005-RJB(W.D. Wash., )

A district court stayed a constitutional challenge to the Washington Department of Ecology's decision to deny a coal company a CWA §401 certification for construction of a coal export facility along the Columbia River.

Keywords:
State certification, §401
ELR 2007118-35075(9th Cir., )

The Ninth Circuit reversed a dismissal of a lawsuit brought by conservation groups to enjoin USDA from killing gray wolves in Idaho pending additional NEPA analysis.

Keywords:
Discussion of, held inadequate
ELR 2006418-1105 (JEB)(D.D.C., )

A district court denied an environmental group's motion for summary judgment in a challenge to NMFS' approval of a fishery management plan amendment that opened up a portion of the western Gulf of Maine to commercial and recreational fishing.

Keywords:
Essential fish habitat, Discussion of, held adequate

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