Weekly Cases Update Volume 50, Issue 10

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 50, Issue 24

ELR 20184C 17-5948 SBA(N.D. Cal., )

A district court denied a motion to enforce its previous order vacating DOI's repeal of the Valuation Rule and reinstating prior regulations governing payment of royalties on oil, gas, and coal extracted pursuant to leases on federal and Indian lands.

Keywords:
Enforcement and Compliance
ELR 2017920-cv-1425 (JGK)(S.D.N.Y., )

A district court granted states' motion for summary judgment in a lawsuit concerning EPA's duty to limit air pollution drifting from upwind states into northeastern states.

Keywords:
Federal implementation plans (FIPs), §110(c)(1)
ELR 2018118-1325(D.C. Cir., )

The D.C. Circuit upheld EPA's 2018 decision to add a wheel-covering facility in Mississippi to the NPL.

Keywords:
Comprehensive Environmental Response Compensation and Liability Act (CERCLA)
ELR 201871:16-cv-01534-JEB(D.C. Cir., )

The D.C. Circuit stayed a lower court ruling that ordered the Dakota Access Pipeline to be shut down and emptied of oil within 30 days.

Keywords:
Held required for
ELR 2018519-1140-cv(2d Cir., )

The Second Circuit vacated and remanded a lower court ruling in a lawsuit concerning the discharge of thousands of gallons of oil from a submarine cable into Long Island Sound.

Keywords:
Definitions, §1001
ELR 2018017-20545(5th Cir., )

The Fifth Circuit vacated and remanded a lower court decision that imposed penalties against an oil company for alleged CAA permit violations at its industrial complex in Baytown, Texas.

Keywords:
Operating permits,§§501-507
ELR 2018219-30006(5th Cir., )

The Fifth Circuit affirmed, 2-1, a lower court ruling in favor of fishermen's challenge to NMFS regulations regarding offshore aquaculture in federal waters of the Gulf of Mexico.

Keywords:
Fishery Conservation and Management Act (Magnuson-Stevens Act)
ELR 2018619-3500(6th Cir., )

The Sixth Circuit dismissed as moot a lawsuit seeking to preliminarily enjoin EPA's 2015 Clean Water Rule that clarified the definition of "waters of the United States" under the CWA.

Keywords:
Definitions, §502
ELR 2018319-17479(9th Cir., )

The Ninth Circuit reversed, 2-1, a lower court ruling denying a request to preliminarily enjoin a logging project in the Mendocino National Forest.

Keywords:
Categorical exclusions, §1508.4

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