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News & Analysis In the Courts Volume 49, Issue 12

Western Watersheds Project v. Schneider

ELR 20171
1:16-cv-83-BLW (D. Idaho, October 2019)
A district court preliminarily enjoined BLM from implementing its 2019 amendments to plans for oil and gas permitting and licensing on greater sage-grouse habitat in seven states.

Wild Virginia v. United States Department of the Interior

ELR 20173
19-1866 (4th Cir., October 2019)
The Fourth Circuit granted a motion to stay FWS' issuance of a biological opinion and incidental take statement for a proposed 300-mile natural gas pipeline running through Virginia and West Virginia.

County of El Paso, Texas v. Trump

ELR 20170
EP-19-CV-66-DB (W.D. Tex., October 2019)
A district court granted a motion to preliminarily enjoin the Trump Administration from using military funds to build portions of a border wall along the U.S.-Mexico border.

Ksanka Kupaqa Xa'cin v. United States Fish and Wildlife Service

ELR 20172
CV 19-20-M-DWM (D. Mont., October 2019)
A district court denied summary judgment in a lawsuit concerning potential harms to local trout populations from a proposed copper and silver mine in Montana.

Natural Resources Defense Council, Inc. v. Perry

ELR 20168
18-15380 and 18-15475 (9th Cir., October 2019)
The Ninth Circuit affirmed a district court order directing DOE to publish four energy conservation standards in the Federal Register.

Oklahoma v. United States Environmental Protection Agency

ELR 20169
19-5055 (10th Cir., October 2019)
The Tenth Circuit denied a motion to hold in abeyance a lawsuit concerning EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule.

Friends of the River v. National Marine Fisheries Service

ELR 20166
18-15623 (9th Cir., October 2019)
In an unpublished opinion, the Ninth Circuit reversed in part and affirmed in part a summary judgment in favor of NMFS and the U.S. Army Corps of Engineers in a challenge against NMFS' 2014 opinions that reversed its decades-long approach to classifying water diversions and hydroelectric dams on the Yuba River from prior ESA consultations with the Corps.

Sierra Club v. United States Environmental Protection Agency

ELR 20165
18-60116 (5th Cir., October 2019)
The Fifth Circuit upheld EPA's approval of Louisiana's SIP for controlling regional haze.

Western Watersheds Project v. Schneider

ELR 20167
1:16-CV-83-BLW (D. Idaho, October 2019)
A district court denied a motion to dismiss or transfer a lawsuit concerning greater sage-grouse habitat management plans.

New York v. Environmental Protection Agency

ELR 20162
19-1019 (D.C. Cir., October 2019)
The D.C. Circuit vacated EPA's 2018 update to the Cross-State Air Pollution Rule.