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Weekly Cases Update Volume 48, Issue 30

Havasupai Tribe v. Provencio

48 ELR 20182
15-15754 (9th Cir., October 2018)

In a modified opinion that withdraws a prior published opinion, the Ninth Circuit found that an environmental group has standing to challenge a uranium mining company's right to operate on land previously withdrawn from new mining claims. The group argued that the U.S. Forest Service violated...

Federal Land Policy and Management Act (FLPMA)

Wildearth Guardians v. United States Department of Justice

48 ELR 20181
17-16677 (9th Cir., October 2018)

In an unpublished opinion, the Ninth Circuit vacated a district court's order granting summary judgment to environmental groups challenging DOJ's McKittrick policy. The groups argued before the district court that the policy, which directs prosecutors to request jury instructions with a...

Standing

Masias v. Environmental Protection Agency

48 ELR 20180
16-1314 (D.C. Cir., October 2018)

The D.C. Circuit denied two petitions to review EPA attainment designations for the 2010 sulfur dioxide NAAQS. An environmental group argued that the Agency should have designated Gallia County, Ohio, as a nonattainment area rather than an unclassifiable area because air quality modeling data...

Designation as attainment/nonattainment

Columbia Riverkeeper v. Pruitt

48 ELR 20179
C17-289RSM (W.D. Wash., October 2018)

A district court ordered EPA to issue a temperature total maximum daily load (TMDL) under the CWA for the Columbia and Snake Rivers, which are native habitat for endangered and threatened salmon and steelhead populations. An environmental group argued that the Agency failed to issue a TMDL for...

Total maximum daily loads (TMDLs), §303(d)

Wilderness Workshop v. United States Bureau of Land Management

48 ELR 20178
1:16-cv-01822-LTB (D. Colo., October 2018)

A district court granted in part environmental groups' request for judicial review of BLM's resource management plan (RMP) for an area in the Colorado River Valley. The groups argued that the agency failed to consider the severity and impacts of greenhouse gas pollution and climate change,...

Cumulative impacts, Discussion of, held inadequate