Weekly Cases Update Volume 51, Issue 8

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 51, Issue 18

ELR 201122:20-CV-147-RMP(E.D. Wash., )

A district court granted partial summary judgment in a CWA citizen suit brought against the owner of a mine in Washington. The state of Washington and an environmental group argued the mine owner had violated various terms of its NPDES permit.

Keywords:
National pollutant discharge elimination system (NPDES) permit program, 402
ELR 2011519-1644(Iowa, )

The Iowa Supreme Court reversed, 4-3, a lower court order denying Iowa's motion to dismiss a lawsuit brought by nonprofit groups seeking to reduce fertilizer and waste runoff from farms into the Racoon River.

Keywords:
Environmental Law and Policy/Governance
ELR 2012220-472(U.S., )

The U.S. Supreme Court held, 6-3, that a small refinery that previously received a hardship exemption from renewable fuel requirements may obtain an "extension" even if it saw a lapse in exemption coverage in a previous year.

Keywords:
Energy (generally)
ELR 2011920-5100(D.C. Cir., )

The D.C. Circuit vacated a district court's grant of summary judgment to USDA's Farm Service Agency in a lawsuit concerning the agency's loan approval for a chicken farm in Maryland.

Keywords:
Held not required for
ELR 2012020-1016(D.C. Cir., )

The D.C. Circuit vacated FERC's issuance of a certificate of public convenience and necessity for construction of a natural gas pipeline in the St. Louis area.

Keywords:
Natural Gas Act (NGA)
ELR 2011620-2215(3d Cir., )

The Third Circuit affirmed dismissal of a lawsuit concerning reporting requirements for emissions following fires at a steel facility near Pittsburgh.

Keywords:
Operating permits,§§501-507
ELR 20113CV-20-00461-TUC-JGZ(D. Ariz., )

A district court denied FWS' motion to dismiss a challenge to its authorization of 12 leopard import permits from hunts expected to occur in Zimbabwe, Tanzania, and Zambia.

Keywords:
Endangered Species Act (ESA)
ELR 2011418-cv-2219 (BAH)(D.D.C., )

A district court granted summary judgment for EPA in a FOIA lawsuit brought by a nonprofit group. The group requested a 2018 draft version of the Agency's Integrated Risk Information System (IRIS) formaldehyde assessment.

Keywords:
Deliberative-process privilege
ELR 20121CV-19-184-M-KLD(D. Mont., )

A district court granted summary judgment for FWS in a challenge to the adequacy of its recovery plan for the threatened bull trout. Environmental groups argued the plan failed to include objective and measurable criteria as required under §4(f) of the ESA.

Keywords:
Recovery plans, §4(f)
ELR 201184:19-cv-00057-DN(D. Utah, )

A district court dismissed a lawsuit concerning BLM's suspension of oil and gas leases sold in Utah in 2018. Environmental groups argued BLM violated NEPA by failing to prepare an EIS prior to suspending the leases.

Keywords:
Held not required for

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