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News & Analysis In the Courts Volume 49, Issue 3

National Parks Conservation Ass'n v. North Dakota Department of Health

49 ELR 20012
45-2018-CV-680 (S.W. Jud. Dist. N.D., January 2019)
A state court upheld the North Dakota Department of Health's decision to issue an air quality permit for construction of an oil refinery less than three miles from Theodore Roosevelt National Park.

Oceana, Inc. v. Ross

49 ELR 20013
16-CV-06784-LHK (N.D. Cal., January 2019)
A district court granted an environmental group's request to enforce the court's previous order that NMFS issue a new catch rule for northern anchovy that complies with the Magnuson-Stevens Act and the APA.

Rocky Mountain Farmers Union v. Corey

49 ELR 20010
17-16881 (9th Cir., January 2019)
The Ninth Circuit affirmed a district court's dismissal of a constitutional challenge to California's 2015 Low Carbon Fuel Standard.

Center for Biological Diversity v. U.S. Bureau of Land Management

49 ELR 20011
3:17-CV-553-LRH-WGC (D. Nev., January 2019)
A district court denied environmental groups' motion for summary judgment against BLM for lease sales in 2017.

Davilla v. Enable Midstream Partners L.P.

49 ELR 20009
17-6088 (10th Cir., January 2019)
The Tenth Circuit affirmed in part and reversed in part a lower court's decision in a challenge to a natural gas pipeline company's expired easement on tribal land.

Animal Legal Defense Fund v. Reynolds

49 ELR 20007
4:17-cv-00362-JEG-HCA (S.D. Iowa, January 2019)
A district court ruled unconstitutional an Iowa statute that criminalized undercover investigations of slaughterhouses and other animal facilities.

Chernaik v. Brown

49 ELR 20006
16 (Or. Ct. App., January 2019)
An Oregon appellate court upheld a lower court's finding that the public trust doctrine does not require the state to defend the environment from climate change.

Town of Weymouth, Massachusetts v. Federal Energy Regulatory Commission

49 ELR 20003
17-1135 (D.C. Cir., December 2018)
In an unpublished opinion, the D.C. Circuit dismissed a town's petition to review FERC's issuance of a certificate of public convenience and necessity under the Natural Gas Act authorizing upgrades to two natural gas pipelines.

Delaware Riverkeeper Network v. Federal Energy Regulatory Commission

49 ELR 20002
18-1108 (D.C. Cir., December 2018)
In an unpublished opinion, the D.C. Circuit dismissed an environmental group's petition to review FERC's issuance of a certificate of public convenience and necessity authorizing construction of a gas pipeline.

Sierra Club v. United States Environmental Protection Agency

49 ELR 20008
18-cv-03472-EDL (N.D. Cal., December 2018)
A district court granted an environmental group's motion for partial summary judgment against EPA for failure to respond to the group's FOIA requests.