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Weekly Cases Update Volume 48, Issue 32

Indigenous Environmental Network v. United States Department of State

ELR 20191
CV-17-29-GF-BMM and CV-17-31-GF-BMM (D. Mont., November 2018)

A district court temporarily enjoined a pipeline company from constructing a cross-border oil pipeline known as Keystone XL. Environmental groups argued that the State Department violated NEPA when it approved Keystone XL, by failing to evaluate in its final EIS the cumulative climate impacts of...

Cumulative impacts

Red Wolf Coalition v. United States Fish and Wildlife Service

ELR 20190
2:15-CV-42-BO (E.D.N.C., November 2018)

A district court permanently enjoined FWS from taking endangered red wolves in a challenge against the agency's authorizations of takes of the species on private property. Environmental groups argued that the agency violated the ESA by authorizing lethal takes on private property without first...

"Take," §9(a)(1)(B), Jeopardize species/habitat, §7(a)(2)

United States v. California

ELR 20189
2:18-cv-721-WBS-DB (E.D. Cal., November 2018)

A district court declared unconstitutional a California law that regulates the recording of conveyances of federal public lands in the state. DOJ argued that the state law, which grants the State Lands Commission the right of first refusal on transfers of federal public lands, runs afoul of the...

Public Lands, Supremacy Clause

Sinnok v. Alaska

ELR 20188
3AN-17-09910 CI (Alaska Super. Ct., October 2018)

A state court dismissed a lawsuit filed by a group of Alaskan youth alleging that the state has contributed to climate change through its actions with respect to fossil fuels and carbon emissions. The group sought declaratory relief that the state's actions violated their fundamental rights to a...

Climate Change (generally)