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Redding, California v. Federal Energy Regulatory Commission
The Ninth Circuit denied petitions challenging FERC orders that retroactively reset the market rates that were charged in the California electricity markets during the state's energy crisis of 2000 and 2001. After California deregulated and restructured its electricity market in the mid-1990s, price...
Ohio Valley Environmental Coalition v. United States Environmental Protection Agency
A district court upheld the U.S. Army Corps of Engineers' decision to issue a CWA §404 permit to a mining company for the construction of a valley fill and sediment pond in conjunction with the Reylas Surface Mine in West Virginia. The Corps' adoption of a compensatory mitigation plan that will rep...
'Iao Ground Water Management Area High-Level Source Water Use Permit Applications
The Supreme Court of Hawaii vacated and remanded the interim instream flow standards set by Hawaii's Commission on Water Resource Management for the Waihe'e River and the Waiehu, 'Iao, and Waikapu streams, collectively referred to as Na Wai 'Eha, or "the four great waters of Maui." In considering th...
Native Village of Kivalina IRA Council v. United States Environmental Protection Agency
The Ninth Circuit upheld an EPA Environmental Appeals Board (EAB) order denying a native village's petition for review of an NPDES permit authorizing the discharge of wastewater from an Alaskan lead and zinc mine. The village failed to demonstrate why EPA's responses to comments were clearly erroneo...
National Mining Association v. Jackson
A district court held that EPA overstepped its statutory authority under the CWA and SMCRA when it issued guidance on Appalachian surface coal mining permits. EPA argued that the guidance was not final agency action and, thus, not subject to judicial review. But the court disagreed, holding that the...
Sierra Club, Inc. v. Bostick
A district court denied environmental groups' motion to preliminarily enjoin the construction of segments of the Keystone XL pipeline. After an oil company's original request to complete the Keystone XL pipeline was denied by President Obama in 2011, the company sought to divide its original interco...
Upper Blackstone Water Pollution Abatement District v. United States Environmental Protection Agency
The First Circuit denied a petition challenging an EPA NPDES permit setting forth discharge limits for nitrogen, phosphorous, and aluminum for a large sewage treatment plant along the Blackstone River in Massachusetts. A water district that operates the treatment plant argued that EPA should have wa...