Recent Developments

Date01 October 2014
10-2014 NEWS & ANALYSIS 44 ELR 10907
In the Courts
ese entries summarize recent cases under the following categories: A ir, Energy, Land Use, Natural Resources, Toxic
Substances, Waste, and Water. e entries are arranged alphabetically by case name within each category. is material is
updated monthly. For archived materials, visit
No. 3:13-CV-01214, 44 ELR 20171
(W.D. Ky. July 17, 2014). A district
court held that a group of residents
may go forward with their state tort law
claims aga inst a Kentucky power plant.
Sierra Club v. McCarthy, No. 01-1537,
44 ELR 20172 (D.D.C. July 25, 2014).
A district court held that EPA failed to
set emissions standards for ha zardous
air pollutants under CA A §112(c)(6) in
violation of prior court orders.
Protection Agency, Nos. 11-73342,
-73356, 44 ELR 20184 (9th Cir. Aug.
12, 2014). e Ninth Circuit vacated
and remanded EPA’s decision to issue a
PSD permit allowing a power company
to build and operate a 600-megawatt
natural gas- red power plant.
, No. 2013CV31385, 44
ELR 20183 (Colo. Dist. Ct. Aug. 7,
2014). A Colorado court held that the
state’s Oil and Gas Conservation Act
preempts a city’s ve-year moratorium
on hydraulic fr acturing.
Coast Guard, No. 12-73385, 44 ELR
20179 (9th Cir. Aug. 5, 2014). e
Ninth Circuit held that it lacked juris-
diction to review a U.S. Coast Guard
letter to FERC concerning the suit-
ability of the Columbia River for vessel
trac associated with a proposed lique-
ed natural gas f acility and pipeline.
, No. 13-5281,
44 ELR 20173 (D.C. Cir. July 29,
2014). e D.C. Circuit upheld USDA
regulations mandati ng the disclosure
of country-of-origin information about
meat products.
way Administration, No. 13-6214, 44
ELR 20188 (6th Cir. Aug. 7, 2014).
e Sixth Circuit, in an unpublished
opinion, upheld the dismissal of claims
that FHwA violated NEPA when it ap-
proved a $2.6-billion construction and
transportation mana gement project
designed to improve mobility across the
Ohio River in Louisvi lle, Kentucky.
, No. 13-
2215, 44 ELR 20181 (4th Cir. Aug. 6,
2014). e Fourth Circuit armed a
lower court’s decision that FHwA and
North Carolina complied with NEPA
in their approval of a bridge and high-
way improvement project between the
mainland and the Outer Banks barrier
islands, but reversed that court’s de-
termination that the defendants were
exempt from complying with §4(f) of
the Department of Transportation Act
of 1966.
 ,
No. 3:12-cv-00 466, 44 ELR 2 0176
(D. Idaho July 25, 2014). A district
court denied environ mental group s’
motion for an injunction a nd stay of
an earlier decision that al lows logging
operations in the Nez Perce National
Forest to proc eed.
, No.
307602, 44 ELR 20185 (Mich. Ct.
App. Aug. 12, 2014). A Michigan ap-
pellate court upheld the state environ-
mental agency’s decision to grant min-
ing and discharge permits to a company
to develop an underground mine to
extract nickel and copper from the su l-
de ores beneath the headwaters of the
Salmon Trout River.
 ,
No. 308366, 44 ELR 20186 (Mich.
Ct. App. Aug. 12, 2014). A Michigan
appellate court upheld the state envi-
ronmental agency’s decision to grant
a groundwater discharge permit to a
company in connection with its plan
to develop an underground mine to
extract nickel and copper from the su l-
de ores beneath the headwaters of the
Salmon Trout River.
 
tration, Nos. 12-2106, -3607, 44 ELR
20174 (2d Cir. July 24, 2014). e
Second Circuit reversed a lower court
decision that FDA was required to hold
hearings to determine whether to with-
draw approval for the use of penicillin
and tetracyclines in a nimal feed.
, No. 12-
15691, 44 ELR 20182 (9th Cir. Aug. 1,
2014). e Ninth Circuit armed in
Copyright © 2014 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®,, 1-800-433-5120.

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