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News & Analysis In the Courts Volume 51, Issue 9

Friends of Animals v. United States Bureau of Land Management

51 ELR 20136
18-2029 (RDM) (D.D.C., July 2021)
A district court denied a nonprofit group's motion to preliminarily enjoin BLM from gathering wild horses inside and adjacent to the Onaqui Mountain Herd Management Area.

Rocky Mountain Peace & Justice Center v. United States Fish and Wildlife Service

51 ELR 20135
18-cv-01017-PAB (D. Colo., July 2021)
A district court affirmed FWS' decision to modify the location of certain planned multi-use trails in Rocky Flats National Wildlife Refuge.

Clean Wisconsin, Inc. v. Wisconsin Department of Natural Resources

51 ELR 20134
2016AP1688 (Wis., July 2021)
The Wisconsin Supreme Court held, 4-2, that the Wisconsin Department of Natural Resources had the explicit authority to impose an animal unit maximum condition and an off-site groundwater monitoring condition on a Wisconsin Pollutant Discharge Elimination System permit it reissued to a concentrated animal feeding operation in Kewaunee County.

Los Angeles, City of v. Dickson

51 ELR 20133
19-71581 (9th Cir., July 2021)
In an unpublished opinion, the Ninth Circuit granted in part and dismissed in part a challenge to two FAA actions concerning a revised flight path at Los Angeles International Airport.

California Restaurant Ass'n v. Berkeley, City of

51 ELR 20132
4:19-cv-07668-YGR (N.D. Cal., July 2021)
A district court granted in part and denied in part the city of Berkeley's motion to dismiss a challenge to its recently enacted ordinance affecting the availability of natural gas in new construction within the city.

Jam v. International Finance Corp.

51 ELR 20131
20-7092 (D.C. Cir., July 2021)
The D.C. Circuit affirmed dismissal of a lawsuit brought by Indian fishermen and farmers against the World Bank in connection with a $450 million loan issued for the construction of a coal-fired power plant in India.

American Fuel & Petroleum Manufacturers v. Environmental Protection Agency

51 ELR 20130
19-1124 (D.C. Cir., July 2021)
The D.C. Circuit vacated in part EPA's 2019 rule lifting seasonal restrictions on the sale of higher-ethanol fuel.

Conservation Law Foundation v. Exxon Mobil Corp.

51 ELR 20129
20-1456 (1st Cir., July 2021)
The First Circuit vacated a district court order staying a CWA and RCRA citizen suit brought against an oil company.

State ex rel. Yost v. Volkswagen Aktiengesellschaft

51 ELR 20126
2021-OHIO-2121, slip op. (Ohio, June 2021)
The Ohio Supreme Court affirmed an appellate court ruling in a lawsuit concerning Volkswagen’s efforts to cheat U.S. diesel emissions tests.

General III, LLC v. Chicago, City of

51 ELR 20127
21-cv-2667 (N.D. Ill., June 2021)
A district court dismissed a lawsuit concerning the city of Chicago’s delay in issuing an operating permit for a recycling facility in the city’s Southeast Side neighborhood.