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Weekly Cases Update Volume 50, Issue 22

California v. Bernhardt

50 ELR 20174
4:18-cv-05712-YGR (N.D. Cal., July 2020)

A district court vacated the Trump Administration's rescission of the Obama Administration's Waste Prevention Rule, which was enacted to reduce methane waste from oil and gas operations on public and tribal lands. California, New Mexico, and environmental groups argued the rescission violated...

Held required for, Mineral Leasing Act of 1920 (MLA)

New York v. Environmental Protection Agency

50 ELR 20172
19-1231 (D.C. Cir., July 2020)

The D.C. Circuit vacated EPA's denial of New York's petition concerning cross-border pollution from nine upwind states. The state had asked EPA to find that power-generating and other facilities in the nine states were violating the CAA's "good neighbor" provision by producing emissions that...

Clean Air Act (CAA)

Friends of the Clearwater v. Higgins

50 ELR 20171
2:20-cv-00243-BLW (D. Idaho, July 2020)

A district court denied environmental groups' motion to preliminarily enjoin a commercial logging and road construction project in the Idaho Panhandle National Forests. The groups argued that the Forest Service violated the ESA by failing to request a species list from FWS and failing to prepare...

Idaho Panhandle National Forest, Endangered Species Act (ESA)

Baptiste v. Bethlehem Landfill Co.

50 ELR 20175
19-1692 (3d Cir., July 2020)

The Third Circuit reinstated a lawsuit concerning noxious odors emanating from a landfill in Pennsylvania. A proposed class of residents living within a 2.5-mile radius of the landfill brought public and private nuisance claims, arguing the odors and other air contaminants interfered with the...

Air pollution

National Ass'n of Regulatory Utility Commissioners v. Federal Energy Regulatory Commission

50 ELR 20173
19-1142 (D.C. Cir., July 2020)

The D.C. Circuit denied petitions to review FERC's order prohibiting states from barring electric storage resources (ESRs) on their distribution and retail systems from participating in federal markets. Utility groups argued that FERC exceeded its jurisdiction under the Federal Power Act by...

Federal Power Act (FPA)

Clean Wisconsin v. Environmental Protection Agency

50 ELR 20170
18-1203 (D.C. Cir., July 2020)

The D.C. Circuit granted in part and denied in part petitions to review EPA's attainment designations for its 2015 ozone NAAQS. Environmental groups, municipal governments, and the state of Illinois argued that the Agency failed to follow its own scientific and technical record when it decided...

National ambient air quality standards (NAAQS), §109