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News & Analysis In the Courts Volume 50, Issue 5

Wildgrass Oil and Gas Committee v. Colorado

ELR 20066
19-cv-00190-RBJ (D. Colo., March 2020)
A district court dismissed constitutional challenges to Colorado's forced pooling statute, under which property owners were required to allow oil and gas companies to extract their minerals.

Voyageur Outward Bound School v. United States

ELR 20064
1:18-cv-01463 (TNM), 1:18-cv-01496 (TNM), and 1:18-cv-01499 (TNM) (D.D.C., March 2020)
A district court upheld DOI's renewal of two mineral leases that had previously been rejected for a copper-nickel mine in Superior National Forest.

New Mexico Farm and Livestock Bureau v. United States Department of Interior

ELR 20062
17-2211 (10th Cir., March 2020)
The Tenth Circuit reversed and remanded a district court ruling upholding FWS' designation of critical habitat for the endangered jaguar.

Union Pacific Railroad Co. v. Pipeline and Hazardous Materials Safety Administration

ELR 20065
19-1075 (D.C. Cir., March 2020)
The D.C. Circuit denied a petition to review PHMSA’s rule regulating disclosure requirements for railroad companies transporting hazardous materials.

Environmental Law & Policy Center v. United States Coast Guard

ELR 20063
18-12626 (E.D. Mich., March 2020)
A district court denied summary judgment to environmental groups in a challenge to the U.S. Coast Guard's approval of a contingency plan for a Michigan oil pipeline.

Center for Biological Diversity v. U.S. Forest Service

ELR 20061
2:17-cv-372 (S.D. Ohio, March 2020)
A district court granted in part and denied in part a motion for summary judgment in a challenge to the Forest Service's and BLM's authorizations of hydraulic fracturing, or fracking, in Wayne National Forest.

Chesapeake Climate Action Network v. Environmental Protection Agency

ELR 20060
15-1015 (D.C. Cir., March 2020)
The D.C. Circuit granted a petition to reconsider EPA's Final Mercury and Air Toxics Standards (MATS) Rule that exempted coal- and oil-burning power plant boilers' startup periods from numerical limits on hazardous air pollutants.

United States v. California

ELR 20059
2:19-cv-02142 WBS EFB (E.D. Cal., March 2020)
A district court denied summary judgment to the U.S. government in a lawsuit concerning California's cap-and-trade agreement with Quebec.

Minnesota Sands, LLC v. Winona, Minnesota, County of

ELR 20056
A18-0090 (Minn., March 2020)
Minnesota's high court upheld an appellate court ruling in favor of a county's zoning ordinance that bans all industrial-mineral mining, including silica-sand mining.

Southeast Alaska Conservation Council v. United States Forest Service

ELR 20057
1:19-cv-00006-SLG (D. Alaska, March 2020)
A district court held that the Forest Service violated NEPA, the Alaska National Interest Lands Conservation Act, and the National Forest Management Act when it authorized timber harvesting in the Tongass National Forest.