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News & Analysis In the Courts Volume 49, Issue 6

Western Watersheds Project v. Grimm

ELR 20071
18-35075 (9th Cir., April 2019)
The Ninth Circuit reversed a dismissal of a lawsuit brought by conservation groups to enjoin USDA from killing gray wolves in Idaho pending additional NEPA analysis.

Environmental Defense Center v. Bureau of Ocean Energy Management

ELR 20072
CV 16-8418 PSG (FFMx) (C.D. Cal., April 2019)
A district court denied an offshore drilling platform operator's motion to reconsider the court's previous ruling that barred the Bureau of Ocean Energy Management from issuing offshore drilling permits until it conducted further environmental review.

New York v. Environmental Protection Agency

ELR 20070
17-1273 (D.C. Cir., April 2019)
The D.C. Circuit denied downwind states' petition challenging EPA's refusal to expand the Northeast Ozone Transport Region, which consists of states required by the Agency to enact tight restrictions on pollutants that contribute to ozone that drifts across state lines.

Citizens for Clean Energy v. U.S. Department of the Interior

ELR 20066
CV-17-30-GF-BMM (D. Mont., April 2019)
A district court granted in part a challenge to DOI's decision to lift a 2016 moratorium on new coal leasing on public lands.

Conservation Law Foundation v. Ross

ELR 20064
18-1105 (JEB) (D.D.C., April 2019)
A district court denied an environmental group's motion for summary judgment in a challenge to NMFS' approval of a fishery management plan amendment that opened up a portion of the western Gulf of Maine to commercial and recreational fishing.

Wildearth Guardians v. Conner

ELR 20065
17-1334 (10th Cir., April 2019)
The Tenth Circuit affirmed a district court ruling that upheld the U.S. Forest Service's management plan to protect the San Isabel and White River National Forests from insects, disease, and fire, improve wildlife habitat, and maintain watershed conditions.

Southwestern Electric Power Co. v. United States Environmental Protection Agency

ELR 20067
15-60821 (5th Cir., April 2019)
The Fifth Circuit vacated portions of a 2015 EPA rule that set new effluent limitation guidelines for legacy wastewater and combustion residual leachate that are discharged from steam electric power plants.

Oceana, Inc. v. Ross

ELR 20069
17-5247 (D.C. Cir., April 2019)
The D.C. Circuit affirmed summary judgment for NMFS in a challenge to the agency's adoption of the 2016 Standardized Bycatch Reporting Methodology for fisheries in the northeastern United States.

Lighthouse Resources Inc. v. Inslee

ELR 20068
3:18-cv-05005-RJB (W.D. Wash., April 2019)
A district court stayed a constitutional challenge to the Washington Department of Ecology's decision to deny a coal company a CWA §401 certification for construction of a coal export facility along the Columbia River.

Clark Fork Coalition v. Montana Department of Natural Resources and Conservation

ELR 20073
CDV-2018-150 (Mont. 1st Jud. Dist., April 2019)
A state court reversed the Montana Department of Natural Resources and Conservation's approval of a water use permit for a proposed silver-copper mine in Montana's Cabinet Mountains.