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Weekly Cases Update Volume 48, Issue 31

In re United States

ELR 20187
18A410 (U.S., November 2018)

The U.S. Supreme Court denied the U.S. government's petition for a writ of mandamus in a lawsuit brought by a group of youths challenging the government's failure to act on climate change and asserting the right to a safe climate. The court found that the government's petition was unwarranted...

Climate Change (generally)

New Jersey Conservation Foundation v. Federal Energy Regulatory Commission

ELR 20185
3:17-cv-11991-FLW-TJB (D.N.J., October 2018)

A district court dismissed a constitutional challenge to FERC's issuance of certificates that stemmed from the agency's order granting a company the right to develop a natural gas pipeline. An environmental group argued that the agency's practices of issuing certificates that delegate the power...

Natural Gas Act (NGA)

Center for Biological Diversity v. Wheeler

ELR 20184
CV-18-0059-TUC-JAS (D. Ariz., October 2018)

A district court dismissed a challenge to EPA's amendment to the 2015 Effluent Limitations Guidelines Rule, which established new limits and standards for various types of waste streams discharged by steam electric power plants. Environmental groups argued that the amendment violated the ESA and...

Judicial review, §509

Western Watersheds Project v. Michael

ELR 20186
15-CV-169-SWS (D. Wyo., October 2018)

A district court ruled unconstitutional two Wyoming statutes that impose criminal and civil penalties for data collection on private land or public land accessed via private land. Environmental groups argued that the statutes violated the Free Speech Clause of the First Amendment. The court...

Free speech

Wildearth Guardians v. United States Fish and Wildlife Service

ELR 20183
9:17-cv-00099-DWM (D. Mont., October 2018)

A district court granted in part environmental groups' motion for summary judgment in a challenge to FWS' administration of a wildlife export program under the Convention on International Trade in Endangered Species (CITES). The groups argued that the agency violated NEPA when it did not prepare...

Held not included, Incidental taking