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Weekly Cases Update Volume 48, Issue 19

Center for Biological Diversity v. Export-Import Bank

ELR 20108
4:12-cv-06325-SBA (9th Cir., June 2018)

The Ninth Circuit upheld a lower court decision rejecting environmental groups' claim that Export-Import Bank violated the ESA and the National Historic Preservation Act (NHPA). The groups argued that the agency failed to follow proper procedures set forth in the ESA and NHPA before approving...

Administrative Law

Florida v. Georgia

ELR 20107
No. 142, Orig. (U.S., June 2018)

The U.S. Supreme Court, in an ongoing dispute between Florida and Georgia over the apportionment of the Apalachicola-Chattahoochee-Flint River Basin's waters, remanded a Special Master's recommendation that Florida's request for a cap on Georgia's consumption of water from the Flint River be...

Quantity

United States v. Charette

ELR 20106
9:16-cr-0032-DLC-1 (9th Cir., June 2018)

The Ninth Circuit vacated a lower court's conviction of a man in Montana for killing a threatened grizzly bear in violation of the ESA. The man claimed that he was acting in self-defense when he killed the bear behind his home in May 2014. Applying an "objectively reasonable" standard to the man...

Criminal violations, §11(b)

City of Oakland v. BP PLC

ELR 20105
3:17-cv-06012-WHA (N.D. Cal., June 2018)

A district court granted oil companies' motion to dismiss a lawsuit brought by the cities of Oakland and San Francisco alleging that the companies make and sell products that create a public nuisance—global-warming-induced sea-level rise—when combusted. The cities further alleged that the oil...

Climate Change (generally)

Western Watersheds Project v. USDA Aphis Wildlife Services

ELR 20104
1:17-CV-206-BLW (D. Idaho, June 2018)

A district court granted environmental groups' motion for summary judgment and required USDA's Wildlife Services to conduct a more thorough analysis of the potential impacts of its predator-killing operations before expanding those operations to game animals and protected species. Environmental...

Wildlife (generally)

City of Laredo v. Laredo Merchants Ass'n

ELR 20102
16-0748 (Tex., June 2018)

The Texas Supreme Court upheld an appellate court decision prohibiting a city's efforts to ban the use of single-use plastic and paper bags. A retail association argued that an ordinance adopted in 2014 to reduce litter from the bags conflicted with the Texas Solid Waste Disposal Act. The...

Sustainability

Center for Biological Diversity v. EPA

ELR 20103
11-cv-00293-JCS (N.D. Cal., June 2018)

A district court granted in part but largely denied in part EPA's motion to dismiss a lawsuit filed by environmental groups alleging that EPA failed to consult with federal wildlife agencies before registering over 2,000 pesticide products. The groups argued that EPA violated the ESA by failing...

Pesticide registration, §3