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News & Analysis In the Courts Volume 49, Issue 9

Idaho Conservation League v. Wheeler

49 ELR 20122
18-1141 (D.C. Cir., July 2019)
The D.C. Circuit upheld EPA's decision not to issue financial responsibility requirements for the hard-rock mining industry.

Appeal of Northern Pass Transmission, LLC

49 ELR 20121
2018-0468 (N.H., July 2019)
A state high court upheld the New Hampshire Site Evaluation Committee's denial of a utility company's application for siting, construction, and operation of a high voltage transmission line to carry electricity from Canada into New England.

Western Watersheds Project v. Bernhardt

49 ELR 20119
2:19-cv-0750-SI (D. Or., July 2019)
A district court granted in part a motion to preliminarily enjoin BLM from permitting a ranching company to use two grazing allotments that had been authorized by the Secretary of the Interior in response to a presidential pardon of the company's prior criminal convictions.

Newfield Exploration Co. v. North Dakota

49 ELR 20120
20190088 (N.D., July 2019)
A state high court reversed a summary judgment for a natural gas producer in a challenge to the interpretation of leases it entered into with North Dakota.

Norwalk Harbor Keeper v. U.S. Department of Transportation

49 ELR 20118
3:18-cv-0091 (SRU) (D. Conn., July 2019)
A district court granted summary judgment to DOT, the Federal Transit Administration, and the Connecticut Department of Transportation in a challenge to the agencies' EA regarding the replacement of a movable railroad bridge in Norwalk, Connecticut.

Colorado Automobile Dealers Ass'n v. Colorado Department of Public Health and Environment

49 ELR 20116
19CV30343 (Colo. 2d Jud. Dist., July 2019)
A state district court dismissed a lawsuit brought by an automobile dealers' association challenging Colorado's adoption of California's low emission vehicle standard.

Center for Environmental Science, Accuracy & Reliability v. United States Department of Interior

49 ELR 20114
17-2313 (JDB) (D.D.C., July 2019)
A district court dismissed a challenge to FWS' denial of a petition to remove the coastal California gnatcatcher from the ESA's threatened species list.

California Communities Against Toxics v. Environmental Protection Agency

49 ELR 20117
18-1163 (D.C. Cir., July 2019)
The D.C. Circuit upheld an EPA rule that classified as "recycled" certain hazardous material sent to a third-party reclamation facility and thus exempted the material from RCRA regulations governing discarded waste.

Center for Environmental Law & Policy v. Washington Department of Ecology

49 ELR 20115
51439-7-II (Wash. App. Ct., June 2019)
A Washington state appellate court held invalid the Department of Ecology's administrative rule establishing summer minimum instream flows for the lower reach of the Spokane River.