April 28, 2009
Findlaw environmental case summaries - March 30 - April 3
Table of Contents
ENVIRONMENTAL LAW CASES
• Entergy Corp. v. Riverkeeper, Inc.
• New Jersey Dept. of Envtl. Prot. v. US Nuclear Regulatory Comm'n
• Columbia Venture LLC v. S.C. Wildlife Fed.
• Center for Biological Diversity v. Marina Pt. Dev. Co.
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U.S. Supreme Court, April 01, 2009
Entergy Corp. v. Riverkeeper, Inc., No. 07-588
In a petition for review of EPA national performance standards for cooling water intake structures, the grant of the petition is reversed, where the EPA permissibly relied on cost-benefit analysis in setting the national performance standards and in providing for cost-benefit variances from those standards. Read more...
U.S. 3rd Circuit Court of Appeals, March 31, 2009
New Jersey Dept. of Envtl. Prot. v. US Nuclear Regulatory Comm'n, No. 07-2271
Petition for review of an Nuclear Regulatory Commission decision denying NJ Dept. of Environmental Protection request to intervene in relicensing proceedings for the Oyster Creek Nuclear Generating Station is denied where in reviewing the application to relicense the nuclear power facility, the Commission is not required to make an environmental impact analysis of a hypothetical terrorist attack on the facility as the relicensing of Oyster Creek does not have a reasonably close causal relationship with the environmental effects that would be caused by a terrorist attack. The NRC also already addressed the environmental impact of such an attack in its Generic Environmental Impact Statement and site-specific Supplemental Environmental Impact Statement. Read more...
U.S. 4th Circuit Court of Appeals, April 03, 2009
Columbia Venture LLC v. S.C. Wildlife Fed., No. 05-2398
In a challenge to a FEMA decision regarding certain base flood elevation determinations, the District Court's order vacating those determinations is reversed, where Plaintiffs failed to show that they were prejudiced by FEMA's failure to timely publish notice of the decision in the Federal Register. Read more.
U.S. 9th Circuit Court of Appeals, March 30, 2009
Center for Biological Diversity v. Marina Pt. Dev. Co., No. 06-56193
In an action under the Clean Water Act (CWA) and Endangered Species Act (ESA), judgment for Plaintiffs is reversed, where: 1) Plaintiffs did not give sufficiently specific notice of intent to sue under the CWA; and 2) the ESA action was moot because the species at issue had been delisted during the pendency of the appeal. Award of attorney's fees to Plaintiffs is affirmed, where the mootness of the ESA action did not affect the fee award. Read more...
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