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Weekly Cases Update Volume 43, Issue 28

Sierra Club v. Bostick

43 ELR 20228
12-6201 (10th Cir., October 2013)

The Tenth Circuit affirmed a lower court decision denying an environmental group's motion to preliminarily enjoin the construction of an oil pipeline to run from Cushing, Oklahoma, to oil refineries along the Gulf Coast near Port Arthur, Texas. The group argued that the U.S. Army Corps of...

Balance of harms, Nationwide permit

Cook Inletkeeper v. United States Army Corps of Engineers

43 ELR 20222
13-35101 (9th Cir., October 2013)

The Ninth Circuit, in an unpublished opinion, affirmed a lower court decision denying an environmental group's motion to preliminarily enjoin the construction of a railroad extension in Alaska. The group was not likely to succeed on its claim that the U.S. Army Corps of Engineers erred in...

Alternatives, §102(2)(E), Likelihood of success on the merits

Sierra Club v. Moser

43 ELR 20223
105,493 (Kan., October 2013)

The Supreme Court of Kansas reversed and remanded the Kansas Department of Health and Environment's decision to issue a prevention of significant deterioration (PSD) permit to a power company to construct an 895-megawatt coal-fired power plant. An environmental group filed suit against the state...

Kansas, Permits

Defenders of Wildlife v. United States Department of the Navy

43 ELR 20227
12-15680 (11th Cir., October 2013)

The Eleventh Circuit affirmed a lower court decision dismissing environmental groups' claim that the U.S. Navy and the National Marine Fisheries Service (NMFS) violated NEPA, the ESA, and the APA in deciding to install and operate an undersea warfare training range in waters adjacent to the only...

National Environmental Policy Act (NEPA), Navy, Department of the, Whales

Humane Society v. Pritzker

43 ELR 20224
13-35195 (9th Cir., September 2013)

The Ninth Circuit, in an unpublished opinion, held that the National Marine Fisheries Service (NMFS) did not violate the Marine Mammal Protection Act (MMPA) or NEPA when it authorized Idaho, Oregon, and Washington to kill up to 85 California sea lions annually at the Bonneville Dam in order to...

California sea lion, Coho salmon, Marine Mammal Protection Act

Minard Run Oil Co. v. United States Forest Service

43 ELR 20225
12-4160 (3d Cir., September 2013)

The Third Circuit affirmed a lower court decision vacating a 2009 settlement agreement between the U.S. Forest Service and environmental groups that banned oil and gas drilling in the Allegheny National Forest...

Allegheny National Forest, Pa., Energy (generally), Environmental impact statement (EIS), Law of the case

Midwest Environmental Defense Center, Inc. v. Wisconsin Department of Natural Resources

43 ELR 20226
12CV3352 (Wis. Cir. Ct., September 2013)

A Wisconsin court held that the state environmental agency should have considered impacts on downstream water quality when it issued a state pollutant discharge elimination system permit to an industrial dairy processing plant. An environmental group challenged the permit, arguing that it would...

Water quality, State standards, §303(a)