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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

Southeast Alaska Conservation Council v. United States Forest Service

ELR 20156
Nos. 1:19-cv-00006-SLG (D. Alaska, June 2020)

A district court vacated a timber harvesting project in Tongass National Forest after previously ruling that the Forest Service violated NEPA, the Alaska National Interest Lands Conservation Act, and the National Forest Management Act when it authorized the project. Both the plaintiff...

Discussion of, held inadequate

National Ass'n of Wheat Growers v. Becerra

ELR 20154
Nos. 2:17-cv-2401 WBS EFB (E.D. Cal., June 2020)

A district court permanently enjoined a California Proposition 65 warning requirement on the weedkiller glyphosate. Agribusiness groups argued the law, which requires warning labels for products containing chemicals known to California to cause cancer, as applied to glyphosate compelled speech...

First Amendment

Western Watersheds Project v. Bernhardt

ELR 20153
Nos. 20-cv-00860 (APM) (D.D.C., June 2020)

A district court denied a motion to preliminarily enjoin grizzly bear killings in connection with a 2019 biological opinion and incidental take statement issued by FWS that allow for their lethal removal in Bridger-Teton National Forest as a result of conflict with livestock. Conservation groups...

Incidental taking

Colorado v. U.S. Environmental Protection Agency

ELR 20151
Nos. 20-cv-1461-WJM-NRN (D. Colo., June 2020)

A district court stayed the Navigable Waters Protection Rule, which substantially narrows the definition of "waters of the United States" that are subject to federal regulation under the CWA, in Colorado. Colorado argued that the Supreme Court's ruling in Rapanos v. United States...

Navigable Waters

California v. Wheeler

ELR 20150
Nos. 20-cv-03005-RS (N.D. Cal., June 2020)

A district court denied a motion for preliminary relief in a challenge to the Navigable Waters Protection Rule, which substantially narrows the definition of "waters of the United States" that are subject to federal regulation under the CWA. California argued that EPA and the Army Corps of...

Navigable Waters

Alford v. United States

ELR 20155
Nos. 2019-1678 (Fed. Cir., June 2020)

The Federal Circuit reversed a Court of Federal Claims ruling that the U.S. government was liable for flooding private properties when it raised the water level of a lake in Mississippi to prevent a nearby levee from breaching. Landowners argued that raising the water level of the lake, which...

Taking of private property

Oregon-California Trails Ass'n v. Walsh

ELR 20152
Nos. 19-cv-1945-WJM (D. Colo., June 2020)

A district court vacated an incidental take permit issued by FWS for a transmission line project on a historic section of the Oregon and California Trail in Nebraska. Companies and conservation groups argued that FWS' decision to issue the permit, which allowed for the incidental taking of...

Incidental taking