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Weekly Cases Update Volume 51, Issue 8

United States Fish and Wildlife Service v. Sierra Club, Inc.

51 ELR 20036
19-547 (U.S., March 2021)

The U.S. Supreme Court reversed, 7-2, a circuit court ruling that draft biological opinions were not exempt from a FOIA request related to FWS' and NMFS' consultations with EPA for a proposed rule regarding cooling water intake structures. An environmental group submitted FOIA requests for the...

Deliberative-process privilege

Colorado v. U.S. Environmental Protection Agency

51 ELR 20034
20-1238, 20-1262, and 20-1263 (10th Cir., March 2021)

The Tenth Circuit reversed and vacated a district court order preliminarily enjoining EPA and the Army Corps of Engineers from implementing the 2020 Navigable Waters Protection Rule (NWPR) in Colorado. Colorado argued the agencies violated the APA because the NWPR was not in accordance with the...

Navigable Waters

Public Service Electric and Gas Co. v. Federal Energy Regulatory Commission

51 ELR 20035
19-1091 (D.C. Cir., March 2021)

The D.C. Circuit denied petitions to review three FERC orders concerning cost sharing for certain upgrades to the Mid-Atlantic electricity transmission grid. Petitioners argued the Commission departed from precedent without adequate explanation, made findings that were not supported by...

Energy (generally)

Texas Ass'n of Manufacturers v. United States Consumer Product Safety Commission

51 ELR 20033
17-60836 (5th Cir., March 2021)

The Fifth Circuit upheld a rule issued by the Consumer Product Safety Commission prohibiting the manufacture and sale of children's toys and childcare articles that contained concentrations of more than 0.1% of any one of five phthalates, but remanded the rule to the Commission to address two...

Environmental Law and Policy/Governance