Jump to Navigation
Jump to Content

News & Analysis In the Courts Volume 49, Issue 10

Natural Resources Defense Council v. United States Environmental Protection Agency

ELR 20139
18-cv-11227 (PKC) (S.D.N.Y., August 2019)
A district court denied environmental groups' motion for summary judgment in a lawsuit seeking FOIA disclosure of an EPA computer model related to its rollback of Obama-era greenhouse gas emission standards for vehicle manufacturers.

Georgia v. Wheeler

ELR 20138
2:15-cv-0079 (S.D. Ga., August 2019)
district court granted a motion for summary judgment in a challenge to EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule.

California Communities Against Toxics v. Environmental Protection Agency

ELR 20137
18-1085 (D.C. Cir., August 2019)
The D.C. Circuit dismissed a challenge to a 2018 EPA memo that interpreted §112 of the CAA to mean that major sources of toxic emissions could reclassify to area sources and thereby ease their regulatory obligations.

Western Watersheds Project v. Interior Board of Land Appeals

ELR 20140
1:19-cv-037-BLW (D. Idaho, August 2019)
An Idaho district court transferred venue in a challenge to BLM's decision to renew livestock grazing permits for an allotment in northern Utah and to the Interior Board of Land Appeals' reinstatement of that decision.

Anacostia Riverkeeper, Inc. v. Wheeler

ELR 20135
16-cv-1651 (CRC) (D.D.C., August 2019)
A district court vacated TMDLs that were established by the District of Columbia for E. Coli bacteria in portions of the Anacostia and Potomac Rivers and approved by EPA in 2014.

United Keetoowah Band of Cherokee Indians in Oklahoma v. Federal Communications Commission

ELR 20136
18-1129 (D.C. Cir., August 2019)
The D.C. Circuit granted in part petitions to vacate a portion of a Federal Communications Commission order that exempted most small cell construction from review under the National Historic Preservation Act and NEPA.

Central Sierra Environmental Resource Center v. Stanislaus National Forest

ELR 20134
1:17-cv-00441-LJO-SAB (E.D. Cal., August 2019)
A district court denied a motion for summary judgment in a challenge to the U.S. Forest Service's cattle grazing program for three livestock allotments in Stanislaus National Forest.

Minnesota Center for Environmental Advocacy v. Minnesota Department of Natural Resources

ELR 20132
A18-1956 (Minn. Ct. App., August 2019)
In an unpublished opinion, a state appellate court upheld the Minnesota Department of Natural Resources' rules under which the permit for a copper-nickel-platinum mine was issued.

Allegheny Defense Project v. Federal Energy Regulatory Commission

ELR 20133
17-1098 (D.C. Cir., August 2019)
The D.C. Circuit upheld FERC's approval of a natural gas pipeline that would run from northern Pennsylvania to Alabama.

Natural Resources Defense Council v. U.S. Department of the Interior

ELR 20125
18-CV-4596 (VEC), 18-CV-4601 (VEC), and 18-CV-8084 (S.D.N.Y., July 2019)
A district court granted in part and denied in part DOI's motion to dismiss a challenge to its 2017 interpretation of the Migratory Bird Treaty Act that permitted the "incidental" taking of migratory birds.