Weekly Cases Update Volume 51, Issue 9

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 19

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

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.

Keywords:
Biological opinion, §7(b)
ELR 201262021-OHIO-2121, slip op.(Ohio, )

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).

Keywords:
Preemption
ELR 2012819-1039(U.S., )

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.

Keywords:
Right-of-way
ELR 2012518-3644(7th Cir., )

The Seventh Circuit affirmed dismissal of a CWA citizen suit brought against the owner of a coal-fired power plant in Illinois.

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