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News & Analysis In the Courts Volume 49, Issue 5

Wildearth Guardians v. Zinke

ELR 20041
16-1724 (RC) (D.D.C., March 2019)
A district court granted in part environmental groups' motion for summary judgment in a challenge to BLM authorization of oil and gas leasing on federal land in Colorado, Utah, and Wyoming.

Riverkeeper, Inc. v. Wheeler

ELR 20043
17-CV-4916 (VSB) (S.D.N.Y., March 2019)
A district court granted EPA's motion to dismiss a CWA lawsuit seeking to require the Agency to publish New York's water quality standards.

Eden Environmental Citizen's Group LLC v. Laptalo Enterprises, Inc.

ELR 20040
18-cv-05544-YGR (N.D. Cal., March 2019)
A district court denied a manufacturing company's motion to dismiss a CWA lawsuit alleging that the company improperly stored and disposed of industrial waste at its sheet metal manufacturing facility.

Wildearth Guardians v. Provencio

ELR 20039
17-17373 (9th Cir., March 2019)
The Ninth Circuit affirmed a summary judgment for the U.S. Forest Service in a challenge to the agency's authorization of travel management plans that permitted motorized game retrieval within a mile of every open road in three districts of the Kaibab National Forest.

Residents of Gordon Plaza, Inc. v. Latoya Cantrell

ELR 20042
18-4226 (E.D. La., March 2019)
A district court granted residents' motion for summary judgment in a RCRA lawsuit against the city of New Orleans for inhumane and dangerous living conditions at a residential development located on a former landfill site previously operated by the city.

Friends of the Capital Crescent Trail v. Federal Transit Administration

ELR 20038
17-1811 (RJL) (D.D.C., March 2019)
A district court granted federal and state transportation agencies' motion to dismiss a nonprofit group's challenge to a light rail project, known as the Purple Line project, that would connect suburban Maryland commuters to existing transit stations that connect to Washington, D.C.

National Parks Conservation Ass'n v. Semonite

ELR 20036
18-5179 (D.C. Cir., March 2019)
The D.C. Circuit reversed a district court's decision upholding the U.S. Army Corps of Engineers' approval of a transmission line that would cross the historic James River.

In re Gold King Mine Release in San Juan County, Colorado on August 5, 2015

ELR 20037
1:18-md-02824-WJ (D.N.M., February 2019)
A district court denied EPA's motions to dismiss a lawsuit brought by two states and a Native American tribe seeking to recover response costs from the 2015 Gold King mine spill that sent millions of gallons of acid mine drainage into the Animas and San Juan Rivers.

Jam v. International Finance Corp.

ELR 20033
17-1011 (U.S., February 2019)
The U.S. Supreme Court reversed a D.C. Circuit ruling that an international development bank that financed construction of a coal-fired power plant in India was immune from a suit brought by a group of Indian villagers claiming the plant polluted surrounding air, land, and water.

Tugaw Ranches, LLC v. United States Department of the Interior

ELR 20034
4:18-cv-00159-DCN (D. Idaho, February 2019, April 2019)
A district court denied BLM's and the U.S. Forest Service's motion to dismiss a challenge by a cattle rancher for failing to submit land use plan amendments to protect the greater sage-grouse to Congress for review.