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Ohio Valley Environmental Coalition, Inc. v. United States Environmental Protection Agency
A district court upheld a dredge-and-fill permit the U.S. Army Corps of Engineers issued to a mining company allowing it to conduct surface coal mining activities at a proposed 725-acre site in Boone County, West Virginia. Environmental groups challenged the permit, arguing that the Corps failed to ...
El Dorado Chemical Co. v. United States Environmental Protection Agency
The Eighth Circuit upheld an EPA decision rejecting modifications to Arkansas' water quality standards as they pertain to discharges of dissolved minerals from a chemical manufacturing plant. Arkansas adopted the revisions after the plant initiated a third party rulemaking to increase the levels of ...
South Carolina Public Service Authority v. Federal Energy Regulatory Commission
The D.C. Circuit upheld FERC Order No. 1000, in which it adopted reforms to electric transmission planning and cost allocation. The order requires public utility transmission owners and operators to participate in regional transmission planning to prevent undue discrimination and preference in trans...
Minisink Residents for Environmental Preservation & Safety v. Federal Energy Regulatory Comm'n
The D.C. Circuit denied residents' petitions for review challenging FERC's approval of a new natural gas compressor station in their town. Although the project is now finished and functional, the petitions are not moot because the residents assert that the compressor's operation continues to harm th...
United States v. Hamilton
A district court upheld a jury verdict that a Wyoming farmer who discharged material into a creek on his property without a permit was exempt from the CWA's permitting requirements. Below, the jury found in the farmer's activities fell under the CWA's "normal farming and ranching activities" exempti...
Colorado Oil & Gas Ass'n v. City of Fort Collins
A Colorado court held that the state's Oil and Gas Conservation Act preempts a city's five-year moratorium on hydraulic fracturing. The city is a "home-rule" city, meaning it has “the full right of self-government” on local and municipal matters. Nevertheless, a local ordinance that infringes on...
Columbia Riverkeeper v. United States Coast Guard
The Ninth Circuit held that it lacked jurisdiction to review a U.S. Coast Guard letter to FERC concerning the suitability of the Columbia River for vessel traffic associated with a proposed liquefied natural gas (LNG) facility and pipeline. The letter of recommendation stated that although the river...