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News & Analysis In the Courts Volume 49, Issue 1

Environmental Defense Center v. Bureau of Ocean Energy Management

ELR 20194
CV 16-8418 PSG (FFMx) (C.D. Cal., November 2018)
A district court granted in part and denied in part environmental groups' motion for summary judgment relating to a proposal to permit hydraulic fracturing operations off the coast of California.

Center for Biological Diversity v. United States Department of State

ELR 20193
18-563 (JEB) (D.D.C., November 2018)
A district court dismissed a request by environmental groups to compel the State Department to release documents detailing U.S. greenhouse gas emissions as required by the U.N. Framework Convention on Climate Change.

Indigenous Environmental Network v. United States Department of State

ELR 20191
CV-17-29-GF-BMM and CV-17-31-GF-BMM (D. Mont., November 2018)
A district court temporarily enjoined a pipeline company from constructing a cross-border oil pipeline known as Keystone XL.

Southern Utah Wilderness Alliance v. Burke

ELR 20192
17-4113 (10th Cir., November 2018)
The Tenth Circuit dismissed Utah's challenge to a settlement agreement that requires BLM to revise motorized vehicle trails in southern Utah to minimize potential harm to wildlife, cultural, and archaeological sites.

Red Wolf Coalition v. United States Fish and Wildlife Service

ELR 20190
2:15-CV-42-BO (E.D.N.C., November 2018)
A district court permanently enjoined FWS from taking endangered red wolves in a challenge against the agency's authorizations of takes of the species on private property.

In re United States

ELR 20187
18A410 (U.S., November 2018)
The U.S. Supreme Court denied the U.S. government's petition for a writ of mandamus in a lawsuit brought by a group of youths challenging the government's failure to act on climate change and asserting the right to a safe climate.

United States v. California

ELR 20189
2:18-cv-721-WBS-DB (E.D. Cal., November 2018)
A district court declared unconstitutional a California law that regulates the recording of conveyances of federal public lands in the state.

Sinnok v. Alaska

ELR 20188
3AN-17-09910 CI (Alaska Super. Ct., October 2018)
A state court dismissed a lawsuit filed by a group of Alaskan youth alleging that the state has contributed to climate change through its actions with respect to fossil fuels and carbon emissions.

New Jersey Conservation Foundation v. Federal Energy Regulatory Commission

ELR 20185
3:17-cv-11991-FLW-TJB (D.N.J., October 2018)
A district court dismissed a constitutional challenge to FERC's issuance of certificates that stemmed from the agency's order granting a company the right to develop a natural gas pipeline.

Center for Biological Diversity v. Wheeler

ELR 20184
CV-18-0059-TUC-JAS (D. Ariz., October 2018)
A district court dismissed a challenge to EPA's amendment to the 2015 Effluent Limitations Guidelines Rule, which established new limits and standards for various types of waste streams discharged by steam electric power plants.