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Weekly Cases Update Volume 48, Issue 22

League of United Latin American Citizens v. New York

48 ELR 20142
17-71636 (9th Cir., August 2018)

The Ninth Circuit granted environmental groups' petition to review EPA's 2017 order maintaining a tolerance for the pesticide chlorpyrifos, and vacated the Agency's order. The groups argued that the Agency's need for additional scientific research was not a valid ground for maintaining a...

Pesticide registration, §3, Residues of pesticides, §408

Sierra Club v. United States Department of the Interior

48 ELR 20140
18-1082 (4th Cir., August 2018)

The Fourth Circuit vacated both an incidental take statement issued by FWS and a right-of-way permit issued by the National Park Service (NPS) for construction of a natural gas pipeline that intersects the Blue Ridge Parkway. Environmental groups argued that the take limits set by FWS in its...

Rights-of-way, §28, National Parks System

Advocates for the West v. United States Department of Justice

48 ELR 20141
1:17-cv-00423-DCN (D. Idaho, August 2018)

A district court denied an environmental group's motion for summary judgment challenging DOJ's withholding of legal memos concerning the president's authority to shrink national monuments under the Antiquities Act. The group argued that DOJ had no reasonable justification for withholding the...

Exemption No. 5

Sierra Club v. State Water Control Board

48 ELR 20137
17-2406 (4th Cir., August 2018)

The Fourth Circuit denied environmental groups' petition to review Virginia's issuance of §401 certification under the CWA for construction of a natural gas pipeline. The groups argued that state agencies acted arbitrarily and capriciously in issuing the §401 certificate because the agencies...

State certification, §401

NextEra Energy Resources, LLC v. Federal Energy Regulatory Commission

48 ELR 20136
17-1110 (D.C. Cir., July 2018)

The D.C. Circuit denied power companies' petitions to review FERC orders approving an exemption to the minimum offer price rule in the New England forward capacity market for a limited amount of qualifying renewable energy. The companies argued that the exemption for renewables created unjust,...

Federal Power Act (FPA)

Minnesota Sands, LLC v. Winona, Minnesota, County of

48 ELR 20135
85-CV-17-771 and 85-CV-17-516 (Minn. Ct. App., July 2018)

A Minnesota appellate court affirmed a lower court ruling in favor of a county's zoning ordinance that bans all industrial-mineral mining, including silica-sand mining. A silica-sand mining company argued that the ordinance discriminated against its business. But the lower court disagreed,...

Commerce Clause

Sierra Club, Inc. v. United States Forest Service

48 ELR 20134
17-2399 (4th Cir., July 2018)

The Fourth Circuit vacated and remanded BLM's decision granting a right-of-way through federal land for construction of a pipeline and the U.S. Forest Service's decision to amend the Jefferson National Forest Land Resource Management Plan to accommodate the right-of-way and pipeline construction...

Jefferson National Forest W. Va., Rights-of-way, §28

Alliance for the Wild Rockies v. Savage

48 ELR 20139
16-35589 (9th Cir., July 2018)

The Ninth Circuit reversed in part and vacated in part a lower court decision granting summary judgment for a proposed logging project in areas of the Kootenai National Forest where two threatened species—the Canada lynx and the Cabinet-Yaak grizzly bear—are present. An environmental group...

Endangered Species Act (ESA)

Ass'n of Irritated Residents v. United States Environmental Protection Agency

48 ELR 20138
18-cv-01604-YGR (N.D. Cal., July 2018)

A district court granted in part an environmental group's motion for summary judgment to compel EPA to act on its 2016 Plan for the 2008 eight-hour ozone NAAQS adopted by the San Joaquin Valley Air Pollution Control District and granted in part the Agency's motion requesting an extension on the...

National ambient air quality standards (NAAQS), §109