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Weekly Cases Update Volume 47, Issue 33

Indigenous Environmental Network v. TransCanada Corp.

ELR 20150
CV-17-29-GF-BMM (D. Mont., November 2017)

A district court held that a lawsuit challenging the Keystone XL pipeline can continue despite calls from the federal government to dismiss the case. On April 4, 2017, the State Department approved a presidential permit for the pipeline. In its approval, the State Department relied on a 2014 EIS...

Land Use (generally)

Earth Island Institute v. Elliot

ELR 20149
1:17-cv-01320-LJO-MJS (E.D. Cal. , November 2017)

A district court held that a Forest Service fire salvage restoration project could proceed despite its risk to protected species. The Cedar Fire began on August 16, 2016, and burned for three weeks over 29,000 acres of mixed conifer and white fir forest, most of which were in the Sequoia...

Endangered Species Act (ESA)

Cascadia Wildlands v. Scott Timber Co.

ELR 20147
17-35038 (9th Cir., November 2017)

The Ninth Circuit reversed a lower court's grant of an injunction to halt a logging project in Oregon. A conservation group brought a citizen suit under the ESA challenging a logging project it claimed would result in the taking of the marbled murrelet, a seabird listed as a threatened species....

Endangered Species Act (ESA)

California v. ConAgra Grocery Products Co.

ELR 20148
CV788657 (Santa Clara Cnty. Sup. Ct., November 2017)

A California appellate court held that three paint companies will have to reimburse the state for the cost of stripping lead paint from the interior of thousands of houses in San Francisco and nine other cities and counties. The state claimed the companies sold and advertised lead paint for...

Toxic Substances (generally)