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Weekly Cases Update Volume 44, Issue 28

Defenders of Wildlife v. Jewell

ELR 20218
13-0919 (D.D.C., September 2014)

A district court upheld FWS' withdrawal of a proposed rule that would have listed the dunes sagebrush lizard as an endangered species. Environmental groups challenged the decision, arguing that it failed to account for all of the statutory listing factors provided in the ESA, did not rely on the...

Candidate species

Mingo Logan v. U.S. Environmental Protection Agency

ELR 20217
10-0541 (D.D.C., September 2014)

A district court upheld EPA's revocation of a CWA §404 permit allowing a mining company to discharge fill material from its West Virginia mountaintop coal mine into two nearby streams. EPA withdrew the permit's designation of the streams as disposal sites after determining that the discharges...

EPA veto, §404(c)

Yount v. Salazar

ELR 20219
11-8171 et al. (D. Ariz., September 2014)

A district court upheld DOI's decision to withdraw more than one million acres of federal land adjacent to the Grand Canyon National Park from uranium mining. The withdrawal will close these lands to the exploration and development of uranium mining claims for 20 years, although mining of a few...

Grand Canyon National Park, Mining

Pebble Limited Partnership v. United States Environmental Protection Agency

ELR 20220
3:14-cv-0097 (D. Alaska, September 2014)

A district court dismissed a lawsuit challenging EPA's initiation of CWA §404(c) proceedings for the proposed Pebble Mine project, a large copper and gold mine in the Bristol Bay region of southwest Alaska. Alaska, which owns the land, as well as the company that owns the underlying mineral...

Held not included, Dredge and fill, §404

Save Lake Peigneur, Inc. v. Louisiana Department of Natural Resources,

ELR 20216
122358E (La. Dist. Ct., September 2014)

A Louisiana court held that the state erred in issuing a coastal use permit to a natural gas storage and transport company that was needed to create two new natural gas storage caverns in the Jefferson Island salt dome underneath Lake Peigneur. The state's natural resource department violated...

Coastal zone management program, Water

Boeing Co. v. Movassaghi

ELR 20215
11-55903 (9th Cir., September 2014)

The Ninth Circuit invalidated a California law that prescribes cleanup standards for radioactive contamination at the Santa Susana Field Laboratory, a former federal nuclear testing facility near Los Angeles. The law, Senate Bill 990, requires that the site be made suitable for subsistence...

Held preempted, Nuclear Waste

National Parks Conservation Ass'n v. United States Department of Interior

ELR 20214
2:11-cv-578, -647 (M.D. Fl., September 2014)

A district court upheld the National Park Service's (NPS') plan to allow off-road vehicle (ORV) use on designated trails in the "addition lands" of Florida's Big Cypress National Preserve. In 1988, Congress authorized the acquisition of what is referred to as the "addition lands," consisting of...

National preserves