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News & Analysis In the Courts Volume 49, Issue 11

Berner v. Montour Township Zoning Hearing Board

ELR 20157
39 MAP 2018 (Pa., September 2019)
A state high court reversed a lower court decision in a lawsuit over a hog farmer's application for a special zoning exception to construct a livestock manure storage facility.

National Audubon Society v. United States Army Corps of Engineers

ELR 20158
7:17-CV-162-FL (E.D.N.C., September 2019)
A district court granted summary judgment to the U.S. Army Corps of Engineers in a challenge to the Corps' approval of construction of a terminal groin to mitigate shoreline erosion in a North Carolina town.

Southeast Alaska Conservation Council v. United States Forest Service

ELR 20155
1:19-cv-00006-SLG (D. Alaska, September 2019)
A district court preliminarily enjoined the U.S. Forest Service from allowing any timber harvesting, road construction, or other ground-disturbing activities associated with the Service's authorization of a timber sale in Tongass National Forest.

Protect Our Communities Foundation v. LaCounte

ELR 20156
17-55647 (9th Cir., September 2019)
The Ninth Circuit affirmed a summary judgment in favor of the Bureau of Indian Affairs and its approval of an industrial-scale wind facility in southern California.

Wisconsin v. Environmental Protection Agency

ELR 20149
16-1406 (D.C. Cir., September 2019)
The D.C. Circuit granted in part and denied in part a petition challenging EPA's update to the Cross-State Air Pollution Rule.

WildEarth Guardians v. United States Fish and Wildlife Service

ELR 20153
CV-13-00151-TUC-RCC (D. Ariz., September 2019)
A district court granted in part a motion for summary judgment in a challenge to FWS' 2012 biological opinions concerning protections for the threatened Mexican spotted owl.

In re PennEast Pipeline Co., LLC

ELR 20150
19-1191 thru 19-1232 (3d Cir., September 2019)
The Third Circuit vacated a district court decision granting a gas pipeline company's orders of condemnation and preliminary injunctive relief for immediate access to properties along the pipeline route that had been preserved by New Jersey for recreational, conservation, and agricultural use.

American Fuel & Petrochemical Manufacturers v. Environmental Protection Agency

ELR 20148
17-1258 (D.C. Cir., September 2019)
The D.C. Circuit granted a petition to review EPA's 2018 rule that set renewable fuel applicable volumes and percentage standards under the Renewable Fuel Standard Program.

Pacific Coast Federation of Fishermen's Ass'ns v. Glaser

ELR 20152
17-17130 (9th Cir., September 2019)
The Ninth Circuit reversed the dismissal of a lawsuit concerning a tile drainage system in the San Joaquin Valley that discharged agricultural drainage into navigable waters without an NPDES permit.

City of Oberlin, Ohio v. Federal Energy Regulatory Commission

ELR 20151
18-1248 (D.C. Cir., September 2019)
The D.C. Circuit remanded to FERC for further explanation of its order authorizing a company to construct an interstate natural gas pipeline through Michigan and Ohio and to use eminent domain to acquire any necessary rights-of-way.