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Weekly Cases Update Volume 46, Issue 19

Public Employees for Environmental Responsibility v. Hopper

ELR 20119
14-5301 (D.C. Cir., July 2016)

The D.C. Circuit reversed and remanded a lower court decision that the Bureau of Ocean Energy Management (BOEM) complied with NEPA and that FWS complied with the ESA in connection with a wind energy project on Nantucket Sound. Environmental groups had filed suit against a number of agencies...

Alternative Energy, Energy resource projects, Incidental taking

Akiachak Native Community v. United States Department of the Interior

ELR 20118
13-5360 (D.C. Cir., July 2016)

The D.C. Circuit held that Alaska may not block any efforts by the United States to take tribal land into trust within Alaskan state borders. In 1971, the United States settled land claims staked by descendants of Alaskan aboriginal tribes. DOI interpreted that settlement as barring it from...

Alaska, Land Use (generally), Tribal-owned land, Tribes

Sierra Club v. Federal Energy Regulatory Comm'n

ELR 20116
14-1249 (D.C. Cir., June 2016)

The D.C. Circuit dismissed an environmental group's petition challenging FERC's authorization of an increase in production capacity at a liquefied natural gas terminal in Louisiana. The group argued that FERC failed to consider certain environmental consequences of its authorization in violation...

Energy (generally), Energy resource projects

Sierra Club v. Federal Energy Regulatory Comm'n

ELR 20117
14-1275 (D.C. Cir., June 2016)

The D.C. Circuit dismissed environmental groups' petition challenging FERC's decision authorizing a liquefied natural gas company to redesign its terminal in Texas to support export operations. The groups argued that FERC's analysis of the proposal’s impact on the environment violated NEPA. But...

Energy (generally), Energy resource projects

United States v. Washington

ELR 20115
13-35474 (9th Cir., June 2016)

The Ninth Circuit held that Washington state's management of barrier culverts, which allow streams to flow underneath roads, violated various Native American treaties from the 1850s and ordered the state to correct them. The "Stevens Treaties" were entered into in 1854-1855 between Native...

Treaty fishing rights, Washington, Title to riverbeds