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Weekly Cases Update Volume 51, Issue 19

State ex rel. Yost v. Volkswagen Aktiengesellschaft

ELR 20126
2021-OHIO-2121, slip op. (Ohio, June 2021)

The Ohio Supreme Court affirmed an appellate court ruling in a lawsuit concerning Volkswagen’s efforts to cheat U.S. diesel emissions tests. Ohio sued the company, arguing its post-sale tampering with emissions control systems violated the state’s Air Pollution Control Act (APCA). The company...

Preemption

General III, LLC v. Chicago, City of

ELR 20127
21-cv-2667 (N.D. Ill., June 2021)

A district court dismissed a lawsuit concerning the city of Chicago’s delay in issuing an operating permit for a recycling facility in the city’s Southeast Side neighborhood. The company argued its constitutional rights were being violated as a result of the city’s delay of the permit review...

Fifth Amendment

PennEast Pipeline Co., LLC v. New Jersey

ELR 20128
19-1039 (U.S., June 2021)

The U.S. Supreme Court held, 5-4, that the Natural Gas Act (NGA) authorizes FERC certificate holders to condemn all necessary rights-of-way, whether owned by private parties or states, in a lawsuit concerning construction of a 116-mile natural gas pipeline from Pennsylvania to New Jersey. The...

Right-of-way

Vote Solar v. Farmington, City of

ELR 20124
20-2028 (10th Cir., June 2021)

The Tenth Circuit reversed dismissal of a lawsuit concerning a New Mexico city's imposition of fees on residents who generate their own electricity via solar panels. The residents and an advocacy group argued the city's fees amounted to price discrimination in violation of FERC rules. The...

Energy (generally)

Prairie Rivers Network v. Dynegy Midwest Generation, LLC

ELR 20125
18-3644 (7th Cir., June 2021)

The Seventh Circuit affirmed dismissal of a CWA citizen suit brought against the owner of a coal-fired power plant in Illinois. An environmental group argued the owner violated the CWA by discharging coal ash pollutants from its plant into groundwater that in turn entered the Middle Fork of the...

National pollutant discharge elimination system (NPDES) permit program, 402

WildEarth Guardians v. Steele

ELR 20123
CV 19-56-M-DWM and CV 19-60-M-DWM (D. Mont., June 2021)

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Forest Service's and FWS' decisions concerning a revised forest plan for the Flathead National Forest. The groups argued the Services' decisions violated the ESA and NEPA....

Biological opinion, §7(b)