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News & Analysis In the Courts Volume 48, Issue 12

Havasupai Tribe v. Provencio

ELR 20182
15-15754 (9th Cir., October 2018)
In a modified opinion that withdraws a prior published opinion, the Ninth Circuit found that an environmental group has standing to challenge a uranium mining company's right to operate on land previously withdrawn from new mining claims.

Wildearth Guardians v. United States Department of Justice

ELR 20181
17-16677 (9th Cir., October 2018)
In an unpublished opinion, the Ninth Circuit vacated a district court's order granting summary judgment to environmental groups challenging DOJ's McKittrick policy.

Masias v. Environmental Protection Agency

ELR 20180
16-1314 (D.C. Cir., October 2018)
The D.C. Circuit denied two petitions to review EPA attainment designations for the 2010 sulfur dioxide NAAQS.

Columbia Riverkeeper v. Pruitt

ELR 20179
C17-289RSM (W.D. Wash., October 2018)
A district court ordered EPA to issue a temperature total maximum daily load (TMDL) under the CWA for the Columbia and Snake Rivers, which are native habitat for endangered and threatened salmon and steelhead populations.

Wilderness Workshop v. United States Bureau of Land Management

ELR 20178
1:16-cv-01822-LTB (D. Colo., October 2018)
A district court granted in part environmental groups' request for judicial review of BLM's resource management plan for an area in the Colorado River Valley.

Massachusetts Lobstermen's Ass'n v. Ross

ELR 20176
17-406 (JEB) (D.D.C., October 2018)
A district court upheld President Barack Obama's 2016 proclamation of the Northeast Canyons and Seamounts off the New England coast as a marine national monument.

Center for Biological Diversity v. Ross

ELR 20177
18-112 (JEB) and 18-283 (JEB) (D.D.C., October 2018)
A district court granted environmental groups' request for discovery relevant to the lobster fishing industry's impact on the endangered North Atlantic right whale.

Fisheries Survival Fund v. Jewell

ELR 20174
16-cv-2409 (TSC) (D.D.C., September 2018)
A district court denied commercial fishing groups' request to preliminarily enjoin development of a wind energy facility off the coast of New York.

Colorado v. United States Fish and Wildlife Service

ELR 20170
15-cv-00286-CMA-STV (D. Colo., September 2018)
A district court denied Colorado's and Utah's request to vacate FWS' decision to list the Gunnison sage grouse species as threatened under the ESA.

Wildearth Guardians v. United States Forest Service

ELR 20169
14-828 MV/KK (D.N.M., September 2018)
A district court remanded the U.S. Forest Service's decision concerning the management of roads and trails in the Santa Fe National Forest.