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Weekly Cases Update Volume 46, Issue 25

Los Padres ForestWatch v. United States Bureau of Land Management

46 ELR 20147
15-4378 (C.D. Cal., September 2016)

A district court held that BLM failed to take a "hard look" at the environmental impact of hydraulic fracturing with regard to the agency's resource management plan (RMP) for public lands in California's central region. Under the resource management plan, 25% of new wells are expected to use...

Energy resource projects, Hydraulic Fracturing, Resource development

Wildearth Guardians v. U.S. Department of the Interior

46 ELR 20148
14-270 (D. Mont., September 2016)

A district court ordered FWS to reconsider its decision not to designate critical habitat for the Canada lynx in Colorado, Idaho, and Montana. When it published the September 2014 final rule designating lynx critical habitat in the United States, FWS erred in excluding the state of Colorado from...

Critical habitat designation, Canada lynx

Audubon Society of Portland v. United States Army Corps of Engineers

46 ELR 20146
3:15-cv-665 (D. Or., August 2016)

A district court upheld the U.S. Army Corps of Engineers' and FWS' management plan, EIS, and associated permits authorizing the “take,” or killing, of double-crested cormorants in the Columbia River estuary, even though the agencies failed to consider reasonable alternatives other than killing...

Discussion of, held inadequate, Endangered Species Act (ESA)

National Parks Conservation Ass'n v. U.S. Department of the Interior

46 ELR 20145
14-15326, 15-11599 (11th Cir., August 2016)

The Eleventh Circuit upheld the National Park Service's (NPS') wilderness assessment and management plan for the addition of approximately 112,400 acres of land to the Big Cypress National Preserve in Florida, including its decision to allow off-road vehicle (ORV) use on the added land....

National preserves, Interagency consultation, §7(a), Wilderness areas

Petro Star Inc. v. Federal Energy Regulatory Comm'n

46 ELR 20144
15-1009 (D.C. Cir., August 2016)

The D.C. Circuit granted a refining company's petition challenging FERC's methodology for determining payments to oil companies that use the Trans Alaska Pipeline System to transport oil in a commingled stream. Absent monetary adjustments to compensate for the difference in quality between...

Energy (generally), Federal Energy Regulatory Commission