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News & Analysis In the Courts Volume 49, Issue 8

Kisor v. Wilkie

ELR 20113
18-15 (U.S., June 2019)
The U.S. Supreme Court upheld the Auer doctrine, deferring to the Department of Veterans Affairs' interpretation of an ambiguous regulation in a lawsuit concerning disability benefits.

Valero Energy Corp. v. Environmental Protection Agency

ELR 20111
18-1028 (D.C. Cir., June 2019)
The D.C. Circuit dismissed a petroleum refiner's petition to review an EPA document interpreting a portion of the Energy Independence and Security Act that directs the Agency to perform periodic reviews of renewable fuel thresholds for gasoline.

Center for Biological Diversity v. Ilano

ELR 20110
17-16760 (9th Cir., June 2019)
The Ninth Circuit affirmed a summary judgment for the U.S. Forest Service in a challenge to the Service's designation of at-risk forest lands and its approval of a project aimed to address spreading pine-beetle infestation in previously designated at-risk areas in Tahoe National Forest.

Knick v. Scott, Pennsylvania, Township of

ELR 20109
17-647 (U.S., June 2019)
The U.S. Supreme Court vacated a dismissal of a landowner's challenge to a town ordinance on takings grounds.

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

ELR 20112
2:17-cv-08587-GW-(ASx) and 2:18-cv-06775-GW-(ASx) (C.D. Cal., June 2019)
A district court granted environmental groups' motions for summary judgment in a challenge to BLM's 2017 determination that it did not need to authorize a proposed water pipeline project in southern California because the project fell within the scope of a right-of-way granted to a railroad company under the 1875 General Railroad Right-of-Way Act.

Idaho Conservation League v. U.S. Forest Service

ELR 20107
1:18-CV-044-BLW (D. Idaho, June 2019)
A district court ordered the U.S. Forest Service to engage in formal consultation with other federal agencies to protect listed fish species being harmed by water diversions from the Salmon River in Idaho's Sawtooth National Recreation Area.

Virginia Uranium, Inc. v. Warren

ELR 20104
16-1275 (U.S., June 2019)
The U.S. Supreme Court upheld a state law banning uranium mining on private lands in Virginia.

Welty v. United States

ELR 20105
2018-1558 (Fed. Cir., June 2019)
The Federal Circuit affirmed a dismissal of landowners' lawsuit against the government for flooding that resulted when a federal land conservation program induced an adjacent landowner to build and maintain a levee.

Sierra Club v. Environmental Protection Agency

ELR 20103
18-1038 (D.C. Cir., June 2019)
The D.C. Circuit dismissed a petition to review EPA's order denying an environmental group's objection to renewal of a Title V operating permit for a power plant in Utah.

Sawtooth Mountain Ranch LLC v. United States Forest Service

ELR 20108
1:19-cv-0118-CWD (D. Idaho, June 2019)
A magistrate judge declined to preliminarily enjoin the U.S. Forest Service from constructing a recreational trail across private property located in the Sawtooth National Recreation Area.