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News & Analysis In the Courts Volume 51, Issue 5

Honolulu, City & County of v. Sunoco LP

ELR 20043
1:20-cv-00163-DKW-RT and 1:20-cv-00470-DKWKJM (9th Cir., March 2021)
The Ninth Circuit denied oil companies' motions to stay a district court order remanding to state court two lawsuits alleging the companies concealed the dangers of fossil fuels to the climate.

In re Petition of Assateague Coastal Trust

ELR 20042
482915-V (Md. Cir. Ct., March 2021)
A state court reversed the Maryland Department of the Environment's (MDE's) decision to reissue an NPDES general permit for animal feeding operations without limitations on the discharge of gaseous ammonia.

Mountain Valley Pipeline LLC v. North Carolina Department of Environmental Quality

ELR 20041
20-1971 (4th Cir., March 2021)
The Fourth Circuit granted a pipeline company's petition to review the North Carolina Department of Environmental Quality's denial of a CWA §401 certification for construction of a natural gas pipeline.

Sierra Club v. United States Department of Interior

ELR 20040
20-60319 (5th Cir., March 2021)
The Fifth Circuit denied a petition to review FWS' issuance of a biological opinion and incidental take statement authorizing the harm or harassment of endangered ocelot or jaguarundi in connection with construction and operation of a liquefied natural gas pipeline in South Texas.

Center for Biological Diversity v. Bureau of Land Management

ELR 20039
17-1208 (BAH) (D.D.C., March 2021)
A district court denied motions for summary judgment in a lawsuit seeking FOIA disclosure of records regarding an order issued by the Secretary of the Interior concerning the federal coal program.

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

ELR 20038
2:17-cv-372 (S.D. Ohio, March 2021)
A district court remanded without vacatur BLM's and the Forest Service's authorization of hydraulic fracturing in Wayne National Forest, after previously ruling the agencies violated NEPA when they authorized the activity.

New Jersey v. Environmental Protection Agency

ELR 20037
08-1065 (D.C. Cir., March 2021)
The D.C. Circuit denied, 2-1, New Jersey's petition to review a rule promulgated by EPA on remand concerning the CAA's new source review program.

United States Fish and Wildlife Service v. Sierra Club, Inc.

ELR 20036
19-547 (U.S., March 2021)
The U.S. Supreme Court reversed, 7-2, a circuit court ruling that draft biological opinions were not exempt from a FOIA request related to FWS' and NMFS' consultations with EPA for a proposed rule regarding cooling water intake structures.

Colorado v. U.S. Environmental Protection Agency

ELR 20034
20-1238, 20-1262, and 20-1263 (10th Cir., March 2021)
The Tenth Circuit reversed and vacated a district court order preliminarily enjoining EPA and the Army Corps of Engineers from implementing the 2020 Navigable Waters Protection Rule in Colorado.

Public Service Electric and Gas Co. v. Federal Energy Regulatory Commission

ELR 20035
19-1091 (D.C. Cir., March 2021)
The D.C. Circuit denied petitions to review three FERC orders concerning cost sharing for certain upgrades to the Mid-Atlantic electricity transmission grid.