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News & Analysis In the Courts Volume 49, Issue 7

Puntenney v. Iowa Utilities Board

ELR 20092
17-0423 (Iowa, May 2019)
A state high court affirmed a lower court denial of landowners' and an environmental group's petition to review a decision by the Iowa Utilities Board authorizing a company to use eminent domain to build a crude oil pipeline.

Center for Biological Diversity v. United States Forest Service

ELR 20093
17-15790 (9th Cir., May 2019)
The Ninth Circuit reversed a district court's dismissal of a challenge to the use of lead ammunition in Kaibab National Forest.

Oklahoma v. United States Environmental Protection Agency

ELR 20091
15-CV-0381-CVE-FHM and 15-CV-0386-CVE-FHM (N.D. Okla., May 2019)
A district court denied Oklahoma's motion to preliminarily enjoin EPA and the U.S. Army Corps of Engineers from enforcing their 2015 Clean Water Rule.

In re Applications for a Supplemental Environmental Impact Statement for the Proposed NorthMet Project

ELR 20088
A18-1312, A18-1524, and A18-1608 (Minn. Ct. App., May 2019)
In an unpublished opinion, a state appellate court upheld the Minnesota Department of Natural Resources' decision denying a request for the preparation of a supplemental EIS for a proposed copper-nickel-platinum group elements mine.

Texas v. United States Environmental Protection Agency

ELR 20089
3:15-CV-00162 (S.D. Tex., May 2019)
A district court granted states' and industry groups' motion for summary judgment in a challenge to EPA's and the U.S. Army Corps of Engineers' 2015 Clean Water Rule.

Wildearth Guardians v. Chao

ELR 20086
CV-18-110-GF-BMM (D. Mont., May 2019)
A district court denied the Pipeline and Hazardous Materials Safety Administration's motion to dismiss a challenge to the agency's pipeline inspection regulations.

Herrera v. Wyoming

ELR 20087
17-532 (U.S., May 2019)
The U.S. Supreme Court vacated a lower court ruling that a Native American tribal member did not have the right to hunt in Bighorn National Forest because an 1868 treaty granting the right expired when Wyoming became a state.

Ecological Rights Foundation v. Federal Emergency Management Agency

ELR 20083
17-cv-02788-JD (N.D. Cal., May 2019)
A district court granted environmental groups' motion to set aside FEMA's biological evaluation to determine whether proposed revisions to the National Flood Insurance Program would affect species and habitats protected under the ESA.

Pilliod v. Monsanto Co.

ELR 20084
RG17862702 (Cal. Super. Ct., May 2019)
A California jury awarded over $2 billion in damages to two residents who claimed that the weedkiller Roundup caused their cancer.

Friends of the Wild Swan v. Kehr

ELR 20082
18-35612 (9th Cir., May 2019)
In an unpublished opinion, the Ninth Circuit affirmed a summary judgment for the U.S. Forest Service in a challenge to its proposed logging project in Flathead National Forest.