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Current Weekly Cases Update

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please refer to the Weekly Cases archives.

Volume 51, Issue 21

Friends of Animals v. United States Bureau of Land Management

51 ELR 20136
Nos. 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. The group argued BLM's 2018 decision to gather the horses over a period of 10 years violated the Wild Free-Roaming Horses and...

Wild and Free-Roaming Horses and Burros Act

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

51 ELR 20135
Nos. 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. Nonprofit groups argued FWS violated NEPA by failing to prepare a supplemental EIS for the trail modifications and improperly relying on categorical...

Categorical exclusions, §1508.4

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

51 ELR 20134
Nos. 2016AP1688 (Wis., July 2021)

The Wisconsin Supreme Court held, 4-2, that the Wisconsin Department of Natural Resources (WDNR) 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 (WPDES) permit it reissued...

National pollutant discharge elimination system (NPDES) permit program, 402

Los Angeles, City of v. Dickson

51 ELR 20133
Nos. 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In an unpublished opinion, the Ninth Circuit granted in part and dismissed in part a challenge to two FAA actions concerning a revised flight path at Los Angeles International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. The cities of Los Angeles and Culver City argued the FAA violated NEPA, the National Historic Preservation Act...

National Environmental Policy Act (NEPA)