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News & Analysis In the Courts Volume 51, Issue 1

Institute for Fisheries Resources v. United States Food and Drug Administration

50 ELR 20246
16-cv-01574-VC (N.D. Cal., November 2020)
A district court granted in part and denied in part advocacy and industry groups' motion for summary judgment in a challenge to FDA's decision to allow a company to create and farm genetically engineered salmon.

Alliance for the Wild Rockies v. Burman

50 ELR 20247
CV 20-22-GF-KLD (D. Mont., October 2020)
A district court dismissed a challenge to the Bureau of Reclamation's alleged ongoing, unpermitted take of bull trout through operation of an irrigation project near Glacier National Park.

Rhode Island v. Shell Oil Products Co., L.L.C.

50 ELR 20245
19-1818 (1st Cir., October 2020)
The First Circuit affirmed a district court order remanding to state court Rhode Island's climate change lawsuit against several oil companies.

Earthworks v. U.S. Department of the Interior

50 ELR 20243
09-1972 (RC) (D.D.C., October 2020)
A district court denied environmental groups' motion for summary judgment in a challenge to two mining-related rules issued by BLM.

WildEarth Guardians v. Bernhardt

50 ELR 20244
20-56 (RC) (D.D.C., October 2020)
A district court granted BLM's request to remand without vacatur 27 oil and gas leasing decisions across five states.

Chernaik v. Brown

50 ELR 20242
39 (Or., October 2020)
The Oregon Supreme Court affirmed, 6-1, an appellate court decision vacating a lower court ruling that no trial was needed in a climate change lawsuit concerning Oregon's obligations to protect natural resources under the public trust doctrine.

California v. U.S. Environmental Protection Agency

50 ELR 20241
19-17480 (9th Cir., October 2020)
The Ninth Circuit overturned a ruling denying EPA's motion to modify an injunction requiring it to promulgate a federal landfill emissions plan by November 6, 2019.

American Chemistry Council v. Office of Environmental Health Hazard Assessment

50 ELR 20240
C079078 (Cal. Ct. App., October 2020)
A California appellate court upheld the state Office of Environmental Health Hazard Assessment's decision to list bisphenol A as a chemical known to cause reproductive toxicity under the state Safe Drinking Water and Toxic Enforcement Act.

Indigenous Environmental Network v. Trump

50 ELR 20239
4:19-cv-00028-BMM (D. Mont., October 2020)
A district court denied a request to block a permit issued by President Trump authorizing a pipeline company to construct a cross-border segment of the Keystone XL oil pipeline.

Bullock v. United States Bureau of Land Management

50 ELR 20238
4:20-cv-00062-BMM (D. Mont., October 2020)
A district court invalidated three resource management plans that were approved by BLM's acting director because he was not authorized to approve them.