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

Montana Environmental Information Center v. Montana Department of Environmental Quality

ELR 20253
Nos. 2020 MT 288 (Mont., November 2020)

The Montana Supreme Court affirmed vacatur of a Montana Pollutant Discharge Elimination System (MPDES) permit issued by the Montana Department of Environmental Quality (MDEQ) for a copper and silver mine in the Cabinet Mountains. Environmental groups argued, among other things, that MDEQ...

State programs, §402(b)

Ergon-West Virginia, Inc. v. United States Environmental Protection Agency

ELR 20251
Nos. 19-2128 (4th Cir., November 2020)

The Fourth Circuit granted for a second time an oil refinery's petition to review EPA's decision denying the refinery an exemption from biofuel requirements under the Agency's renewable fuel standard program, and vacated the Agency's decision. The refinery argued that EPA arbitrarily relied on...

Fuels regulation, §211

Ohio Valley Environmental Coalition v. Caperton

ELR 20249
Nos. 3:20-0470 (S.D.W. Va., November 2020)

A district court denied a motion to dismiss a challenge to the West Virginia Department of Environmental Protection's failure to notify the Office of Surface Mining Reclamation and Enforcement (OSMRE) of a significant change to the state's special reclamation fund. Environmental groups argued...

Surface Mining Control and Reclamation Act (SMCRA)

Smith v. Tumalo Irrigation District

ELR 20252
Nos. 6:20-cv-00345-MK (D. Or., November 2020)

A district court denied landowners' motion to preliminarily enjoin an irrigation project in central Oregon. The landowners first argued that the Natural Resources Conservation Service (NRCS) violated NEPA by failing to include in its EA two farm-efficiency alternatives and an adequate analysis...

Discussion of, held adequate

WildEarth Guardians v. Bernhardt

ELR 20248
Nos. 16-1724 (RC) (D.D.C., November 2020)

A district court granted in part nonprofit groups' motion for summary judgment in a lawsuit concerning BLM's review of cumulative climate impacts of oil and gas leases in Wyoming. The groups argued that BLM's supplemental EA prepared in response to the court's previous ruling that the agency had...

Discussion of, held inadequate

Alaska v. Bernhardt

ELR 20250
Nos. 3:17-cv-00013-SLG and 3:17-cv-00014-SLG (D. Alaska, November 2020)

A district court granted in part summary judgment for DOI in a challenge to a 2016 FWS rule that prohibited certain hunting activities in the Kenai National Wildlife Refuge. The state of Alaska and a hunting group first challenged the Service's determination that the rule fell within a...

Wildlife (generally)