Weekly Cases Update Volume 48, Issue 12

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 48, Issue 28

ELR 2017313-0993(D.D.C., )

A district court vacated DOI's cancellation of an oil company's oil and gas lease in Montana. The company argued that cancellation after more than 30 years for a pre-lease NEPA violation that was never disclosed to the company was arbitrary and capricious.

Keywords:
Administrative Procedure Act (APA)
ELR 201721:18-cv-00187-REB(D. Idaho, )

A district court preliminarily enjoined BLM from conducting oil and gas lease sales under the procedures of a new BLM directive.

Keywords:
Federal Land Policy and Management Act (FLPMA), National Environmental Policy Act (NEPA)
ELR 2016718-5115(6th Cir., )

The Sixth Circuit held that seepage from a coal-fired power plant that reached a nearby lake violated RCRA, but not the CWA.

Keywords:
Resource Conservation and Recovery Act (RCRA), National pollutant discharge elimination system (NPDES) permit program, 402
ELR 2016617-6155(6th Cir., )

The Sixth Circuit held that seepage from a coal-fired power plant adjacent to the Cumberland River did not violate the CWA.

Keywords:
National pollutant discharge elimination system (NPDES) permit program, 402
ELR 2017416-cv-2409 (TSC)(D.D.C., )

A district court denied commercial fishing groups' request to preliminarily enjoin development of a wind energy facility off the coast of New York.

Keywords:
Oil and gas leasing
ELR 2017516-1271(E.D. La., )

A district court ruled in favor of fishermen's challenge to NMFS regulations regarding offshore aquaculture in federal waters of the Gulf of Mexico.

Keywords:
Aquaculture, Fishery Conservation and Management Act (Magnuson-Stevens Act)
ELR 2017015-cv-00286-CMA-STV(D. Colo., )

A district court denied Colorado's and Utah's request to vacate FWS' decision to list the Gunnison sage grouse species as threatened under the ESA.

Keywords:
Critical habitat designation, Threatened species listing

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