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Weekly Cases Update Volume 47, Issue 25

Western Watersheds Project v. Wyoming

47 ELR 20110
16-8083 (10th Cir., September 2017)

The Tenth Circuit held that a Wyoming law that imposed civil and criminal liability on those who cross private property to access adjacent land to collect resource data violates the First Amendment. In 2015, Wyoming enacted a pair of statutes that prohibited individuals from entering “open land...

Land Use (generally)

Natl. Parks Conserv. Assn. v. EPA

47 ELR 20108
1:11-cv-01548 (D.D.C., August 2017)

A district court denied EPA's request to amend a 2012 consent decree obligating the Agency to approve state regional haze plans. In 2011, environmental groups sued the Agency to compel it to take action on nine states' regional haze plans. Under a consent decree, EPA was given until September 9...

Clean Air Act (CAA)

Sierra Club v. North Dakota

47 ELR 20109
15-15894 (9th Cir., August 2017)

The Ninth Circuit upheld a 2014 EPA settlement that required the Agency to set a phased schedule for it to issue air quality designations as required by a 2010 sulfur dioxide NAAQS. In 2013, when EPA missed the statutory deadline to issue its designations under the CAA, environmental groups sued...

Clean Air Act (CAA)

Manitoba, Province of v. DOI

47 ELR 20107
02-2057 (D.D.C., August 2017)

A district court held that the Bureau of Reclamation (Bureau) did not violate NEPA when it decided to proceed with a water supply project. In 2002, the Province of Manitoba sued under NEPA to prevent the Bureau from proceeding with the Northwest Area Water Supply Project (NAWS), arguing that an...