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Weekly Cases Update Volume 48, Issue 25

Delaware Riverkeeper Network v. Pennsylvania Department of Environmental Protection

ELR 20157
16-2211, 16-2212, 16-2218, and 16-2400 (3d Cir., September 2018)

The Third Circuit denied review of the Pennsylvania Department of Environmental Protection's decision to grant a CWA §401 certification for a natural gas pipeline project. Environmental groups argued that the department acted arbitrarily and capriciously by issuing a §401 certification that was...

State certification, §401

Crow Indian Tribe v. United States

ELR 20155
CV 17-89-M-DLC (D. Mont., August 2018)

A district court issued a temporary restraining order on the scheduled opening of grizzly bear hunting in Idaho and Wyoming. A Native American tribe argued that FWS violated the ESA when it removed the Greater Yellowstone Ecosystem grizzly bear from the list of threatened species, and sought to...

Threatened species listing

Montana Environmental Information Center v. Thomas

ELR 20156
16-71933 (9th Cir., August 2018)

The Ninth Circuit denied an environmental group's petition to review EPA's approval of a Montana SIP revision. The group argued that the approval was arbitrary and capricious because Montana's Department of Environmental Quality interpreted one of the SIP's provisions less stringently than the...

Approval and revision, §110(a)

Environmental Law Foundation v. State Water Resources Control Board

ELR 20154
C083239 (Cal. Ct. App., August 2018)

A California appellate court affirmed a trial court decision concerning application of the state's public trust doctrine to the state's extraction of groundwater in the Scott River watershed. Environmental groups argued that groundwater resources that are interconnected with the surface water...

Groundwater

Desert Survivors v. U.S. Department of the Interior

ELR 20152
16-cv-01165-JCS (N.D. Cal., August 2018)

A district court vacated and set aside FWS' 2015 decision not to list an isolated population of greater sage grouse as threatened under the ESA. The court's ruling follows an order previously issued by that court granting summary judgment when it concluded that the agency's decision was...

Threatened species listing

Marcellus Shale Coalition v. Department of Environmental Protection of the Commonwealth of Pennsylvania

ELR 20153
573 M.D. 2016 (Pa. Commw. Ct., August 2018)

A Pennsylvania state court granted in part and denied in part an industry trade group's challenge to state rules governing hydraulic fracturing near playgrounds. The group argued that the rules' definitions for "common areas of a school's property" and "playground" were unlawful, unreasonable,...

Hydraulic Fracturing