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News & Analysis In the Courts Volume 50, Issue 2

People of New York v. Exxon Mobil Corp.

ELR 20199
567 (N.Y., December 2019)
New York's high court dismissed the state's securities fraud lawsuit concerning an oil company's accounting of climate change risks.

Citizens for a Healthy Community v. United States Bureau of Land Management

ELR 20195
17-cv-02519-LTB-GPG (D. Colo., December 2019)
A district court enjoined approved permits and suspended applications for new permits for oil and gas development in Colorado until BLM completes its analysis of reasonably foreseeable indirect impacts.

In re Reissuance of an NPDES/SDS Permit to U.S. Steel Corp.

ELR 20197
A18-2094, A18-2095, A18-2159, and A18-2163 (Minn. Ct. App., December 2019)
A state appellate court reversed the Minnesota Pollution Control Agency's decision to reissue a NPDES permit for an iron ore mine in northeast Minnesota.

United States v. Exxon Mobil Corp.

ELR 20196
18-55481 (9th Cir., December 2019)
The Ninth Circuit reversed a district court order denying the U.S. Chemical Safety and Hazard Board's petition to enforce subpoenas issued against an oil company following an explosion and chemical release at one of its refineries.

Friends of the Rapid River v. Probert

ELR 20198
3:18-cv-00465-DCN (D. Idaho, December 2019)
A district court denied environmental groups' motion for summary judgment in a lawsuit concerning the Forest Service's plan for harvesting timber on 2,500 acres in the Nez Perce-Clearwater National Forest.

Nestlé Waters North America, Inc. v. Osceola, Township of

ELR 20192
341881 (Mich. Ct. App., December 2019)
In an unpublished opinion, a state appellate court reversed a lower court decision that ordered a Michigan township to issue a zoning permit to a food and beverage company to construct a well pumping station on agricultural land.

Animal Legal Defense Fund v. Reynolds

ELR 20191
4:19-cv-00124-JEG-HCA (S.D. Iowa, December 2019)
A district court preliminarily enjoined Iowa from enforcing a statute that criminalized undercover investigations of slaughterhouses and other animal facilities.

Blue Water Baltimore v. Wheeler

ELR 20189
16-452 (RBW) (D.D.C., December 2019)
A district court denied summary judgment in a challenge to EPA's approval of Maryland's 2018 water quality report, which reclassified 139 impairment listings based on TMDLs set by the Agency for the entire Chesapeake Bay.

Cascadia Wildlands v. Department of Fish and Wildlife

ELR 20193
534 (Or. Ct. App., November 2019)
A state appellate court upheld the Oregon Fish and Wildlife Commission's 2015 decision to remove the gray wolf from the list of species protected under the Oregon Endangered Species Act.

Plymouth Village Water & Sewer District v. Scott

ELR 20194
217-2019-cv-00650 (N.H. Super. Ct., November 2019)
A state court preliminarily enjoined the New Hampshire Department of Environmental Services (DES) from enforcing new rules that tightened allowable limits of per- and polyfluoroalkyl substances in the state's drinking water and groundwater.