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Weekly Cases Update Volume 51, Issue 20

California Restaurant Ass'n v. Berkeley, City of

ELR 20132
4:19-cv-07668-YGR (N.D. Cal., July 2021)

A district court granted in part and denied in part the city of Berkeley's motion to dismiss a challenge to its recently enacted ordinance affecting the availability of natural gas in new construction within the city. A restaurant group argued the ordinance was federally preempted by the Energy...

Preemption

Jam v. International Finance Corp.

ELR 20131
20-7092 (D.C. Cir., July 2021)

The D.C. Circuit affirmed dismissal of a lawsuit brought by Indian fishermen and farmers against the World Bank in connection with a $450 million loan issued for the construction of a coal-fired power plant in India. The plaintiffs argued the World Bank's International Finance Corporation (IFC)...

International

American Fuel & Petroleum Manufacturers v. Environmental Protection Agency

ELR 20130
19-1124 (D.C. Cir., July 2021)

The D.C. Circuit vacated in part EPA's 2019 rule lifting seasonal restrictions on the sale of higher-ethanol fuel. Petroleum industry groups challenged a specific section of the rule, in which EPA announced a new interpretation of when limits on fuel volatility under §7545(h)(4) of the CAA could...

Fuels regulation, §211

Conservation Law Foundation v. Exxon Mobil Corp.

ELR 20129
20-1456 (1st Cir., July 2021)

The First Circuit vacated a district court order staying a CWA and RCRA citizen suit brought against an oil company. An environmental group argued, among other things, that the company had violated CWA and RCRA by failing to account for climate change factors at its petroleum storage and...

Primary jurisdiction