Jump to Navigation
Jump to Content

Weekly Cases Update Volume 48, Issue 16

Gorsline v. Board of Supervisors of Fairfield Township

ELR 20089
67 MAP 2016 (Pa., June 2018)

Pennsylvania's highest court reversed a lower court decision that would have allowed a company to drill, construct, develop, and operate unconventional natural gas wells as a conditional use in a district zoned for residential and agricultural uses. The lower court held that the proposed gas...

Hydraulic Fracturing, Zoning

Public Employees for Environmental Responsibility v. Pruitt

ELR 20085
17-652 (D.D.C., June 2018)

A district court ordered EPA to comply with a FOIA request concerning the EPA Administrator's statement on TV that he did not believe human activity was a primary cause of climate change. Following his remarks, an environmental group filed a FOIA request for EPA records “relied upon by...

Climate Change (generally), Document publication

California Cattlemen's Ass'n v. United States Fish & Wildlife Service

ELR 20087
1:17-cv-01536 (D.D.C., May 2018)

A district court denied motions to dismiss a lawsuit challenging the federal designation of over 1.8 million acres in the Sierra Nevada mountains as critical habitat for three amphibian species. Associations representing California ranchers and farmers who are no longer able to graze livestock...

Regulatory Flexibility Act (RFA), Critical habitat designation

New York v. Pruitt

ELR 20084
18-CV-1030, -1048 (S.D.N.Y., May 2018)

A district court denied the U.S. government's request to transfer to the Southern District of Texas two cases challenging the Trump Administration's delay of the Clean Water Rule. One lawsuit was brought by the state of New York, and the other was brought by environmental groups; both were...

Jurisdiction, "Water" construed

Bartlett v. Honeywell International Inc.

ELR 20088
17-1907 (2d Cir., May 2018)

The Second Circuit affirmed a lower court decision that CERCLA preempts state tort law claims brought by residents living near the Onondaga Lake Superfund site. The owner of the site undertook remedial action pursuant to a federal consent decree. The residents argued, on a state tort law theory...

Held preempted, Tort law

Juliana v. United States

ELR 20083
6:15-cv-1517 (D. Or., May 2018)

A district court denied the U.S. government's motion to stay discovery in a lawsuit brought by a group of youths against the U.S. government for failing to protect them from climate change. The government argued that the group is not entitled to discovery because their claim must proceed under...

Climate Change (generally)

National Parks Conservation Ass'n v. Semonite

ELR 20086
17-CV-01361, -01574 (D.D.C., May 2018)

A district court dismissed groups' NEPA and CWA claims against the U.S. Army Corps of Engineers in connection with its approval of a 17-mile transmission line across the James River near historic Jamestown, Virginia. The Corps took a "hard look" at the project and properly determined that no EIS...

Historic places, National Historic Preservation Act (NHPA), Negative determination, EIS not required for