Jump to Navigation
Jump to Content

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

Atchafalaya Basinkeeper v. U.S. Army Corps of Engineers

ELR 20022
Nos. 18-23-SDD-EWD (M.D. La., February 2019)

A district court denied environmental groups' motion to preliminarily enjoin a pipeline company from continuing construction on an oil pipeline in the Atchafalaya Basin. The groups sought the injunction to prevent alleged irreparable harm to the basin, arguing that the company was violating key...

Courts

National Fuel Gas Supply Corp. v. New York State Department of Environmental Conservation

ELR 20017
Nos. 17-1164-cv (2d Cir., February 2019)

The Second Circuit vacated a decision by the New York State Department of Environmental Conservation denying a state water quality certification for construction of a natural gas pipeline through northwestern Pennsylvania and western New York. The pipeline company argued that the Department's...

State certification, §401

Kanter Real Estate, LLC v. Department of Environmental Protection

ELR 20021
Nos. 1D17-5096 (Fla. 1st DCA, February 2019)

A state appellate court reversed the Florida Department of Environmental Protection's order denying an oil and gas permit to a real estate company to drill an exploratory oil well in the Everglades. The company argued that the Department erred in substituting its factual findings for the...

Mining

Mountain Valley Pipeline, LLC v. 6.56 Acres of Land

ELR 20019
Nos. 18-1159, 18-1165, 18-1175, 18-1181, 18-1187, 18-1242, and 18-1300 (4th Cir., February 2019)

The Fourth Circuit affirmed district courts' injunction orders granting a pipeline company immediate possession of necessary easements along its FERC-approved pipeline route by eminent domain. Landowners argued that the district courts lacked authority under the Natural Gas Act to grant...

Natural Gas Act (NGA)

Story of Stuff Project v. United States Forest Service

ELR 20020
Nos. 1:18-cv-00170 (TNM) (D.D.C., February 2019)

A district court granted in part and denied in part an environmental group's motion for summary judgment against the U.S. Forest Service and USDA for failure to disclose under FOIA information about a water bottling company's license to operate in the San Bernadino National Forest. The group...

Exemption No. 6

Air Alliance Houston v. U.S. Chemical and Safety Hazard Investigation Board

ELR 20018
Nos. 17-cv-02608 (APM) (D.D.C., February 2019)

A district court granted environmental groups' request to compel the U.S. Chemical and Safety Hazard Investigation Board to promulgate regulations concerning accidental chemical releases. The groups argued that the Board's failure to implement reporting regulations in the 27 years since Congress...

Administrative Procedure Act (APA), Clean Air Act (CAA)