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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 , Issue

Honolulu, City and County of v. Sunoco LP

ELR 20027
Nos. 20-cv-00163-DKW-RT (D. Haw., February 2021)

A district court remanded to state court climate liability lawsuits brought by the city and county of Honolulu and the county of Maui against oil companies. The companies argued the suits should remain in federal court because plaintiffs' claims were related to the companies' activities on the...

Climate Change (generally)

Apache Stronghold v. United States

ELR 20028
Nos. CV-21-00050-PHX-SPL (D. Ariz., February 2021)

A district court denied an Apache group's motion to preliminarily enjoin the exchange of sacred land in Tonto National Forest to two foreign mining companies for mineral exploration. The group argued the land was held in trust by the U.S. government for the Western Apaches through an 1852 treaty...

National forests

Western Watersheds Project v. Bernhardt

ELR 20026
Nos. 1:16-cv-00083-BLW (D. Idaho, February 2021)

A district court granted in part and denied in part environmental groups' motion for partial summary judgment in a challenge to BLM's decision to cancel a proposed mineral withdrawal of 10 million acres of federal land previously identified as essential for the long-term health of greater sage-...

National Environmental Policy Act (NEPA)

Idaho State Snowmobile Ass'n v. U.S. Forest Service

ELR 20025
Nos. 1:19-cv-00195-DCN (D. Idaho, February 2021)

A district court granted in part and denied in part a snowmobile group's motion for summary judgment in a challenge to the Forest Service's decision to close approximately 72,000 acres in the Sawtooth National Forest to over-snow vehicle use. The group argued the Service's decision violated NEPA...

Discussion of, held inadequate

Aji P. v. Washington

ELR 20024
Nos. 80007-8-I (Wash. App. Ct., February 2021)

A Washington appellate court affirmed a lower court's dismissal of a lawsuit filed by young Washingtonians alleging a right to a clean environment and stable climate. Specifically, plaintiffs requested that the court order the state to develop "an enforceable state climate recovery plan" because...

Climate Change (generally)

Red Lake Band of Chippewa Indians v. United States Army Corps of Engineers

ELR 20023
Nos. 20-3817 (CKK) (D.D.C., February 2021)

A district court denied a motion to preliminarily enjoin construction of a replacement for the Enbridge Line 3 oil pipeline. Native American tribes and environmental groups challenged the Army Corps of Engineers' issuance of a permit authorizing the pipeline company to discharge dredged and fill...

Denied

Sovereign Iñupiat for a Living Arctic v. Bureau of Land Management

ELR 20022
Nos. 3:20-cv-00290-SLG and 3:20-cv-00308-SLG (D. Alaska, February 2021)

A district court granted in part and denied in part environmental groups' motion for an injunction pending appeal of the court's prior ruling denying the groups' motions to enjoin a company from undertaking construction this winter on an oil and gas project in the National Petroleum Reserve-...

Granted

WildEarth Guardians v. United States Forest Service

ELR 20021
Nos. 2:14-cv-00349-DN (D. Utah, February 2021)

A district court upheld decisions made by BLM and the Forest Service regarding an oil and gas development project on public lands within the Ashley National Forest. An environmental group argued the agencies violated NEPA and the National Forest Management Act (NFMA) by failing to adequately...

Discussion of, held adequate

WildEarth Guardians v. Bernhardt

ELR 20020
Nos. CV 17-80-BLG-SP (D. Mont., February 2021)

A district court blocked expansion of a Montana surface coal mine, adopting a magistrate judge's findings and recommendations. Environmental groups challenged OSM's updated EA and reissued FONSI for the expansion. The magistrate judge found that OSM failed to take a "hard look" at the indirect...

Held required for