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News & Analysis In the Courts Volume All, Issue All

Natural Resources Defense Council, Inc. v. Perry

ELR 20168
18-15380 and 18-15475 (9th Cir., October 2019)
The Ninth Circuit affirmed a district court order directing DOE to publish four energy conservation standards in the Federal Register.

Oklahoma v. United States Environmental Protection Agency

ELR 20169
19-5055 (10th Cir., October 2019)
The Tenth Circuit denied a motion to hold in abeyance a lawsuit concerning EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule.

Friends of the River v. National Marine Fisheries Service

ELR 20166
18-15623 (9th Cir., October 2019)
In an unpublished opinion, the Ninth Circuit reversed in part and affirmed in part a summary judgment in favor of NMFS and the U.S. Army Corps of Engineers in a challenge against NMFS' 2014 opinions that reversed its decades-long approach to classifying water diversions and hydroelectric dams on the Yuba River from prior ESA consultations with the Corps.

Sierra Club v. United States Environmental Protection Agency

ELR 20165
18-60116 (5th Cir., October 2019)
The Fifth Circuit upheld EPA's approval of Louisiana's SIP for controlling regional haze.

Western Watersheds Project v. Schneider

ELR 20167
1:16-CV-83-BLW (D. Idaho, October 2019)
A district court denied a motion to dismiss or transfer a lawsuit concerning greater sage-grouse habitat management plans.

New York v. Environmental Protection Agency

ELR 20162
19-1019 (D.C. Cir., October 2019)
The D.C. Circuit vacated EPA's 2018 update to the Cross-State Air Pollution Rule.

Hardwick v. 3M Co.

ELR 20160
2:18-cv-1185 (S.D. Ohio, September 2019)
A district court denied chemical manufacturing companies' motions to dismiss a lawsuit seeking industry funds to study the human health impacts of per- and polyfluoroalkyl substances.

United States v. Ameren Missouri

ELR 20163
4:11 CV 77 RWS (E.D. Mo., September 2019)
A district court ordered an electric utility company to obtain a PSD permit to address CAA violations at its coal-fired power plant in Festus, Missouri.

Demoruelle v. Kucharski

ELR 20161
19-00269 JAO-RT (D. Haw., September 2019)
A district court dismissed a lawsuit brought by a Hawaiian resident alleging that an early start to a county construction project harmed two endangered species—the Hawaiian hawk and Hawaiian hoary bat—in violation of the ESA.

Center for Biological Diversity v. U.S. Army Corps of Engineers

ELR 20159
17-1073 (EGS) (D.D.C., September 2019)
A district court denied a motion for summary judgment against the U.S. Army Corps of Engineers and Customs and Border Protection for failure to disclose under FOIA information related to construction of a wall along the Mexican border.
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