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Weekly Cases Update Volume 48, Issue 34

Natural Resources Defense Council v. Ross

48 ELR 20199
2018-2325 (Fed. Cir., November 2018)

The Federal Circuit upheld a ban on the importation from Mexico of shrimp and other seafood caught with gillnets or within the range of the critically endangered vaquita porpoise. A lower court issued a preliminary injunction requiring the Department of Commerce to ban importation of all shrimp...

Endangered Species

Weyerhaeuser Co. v. United States Fish and Wildlife Service

48 ELR 20196
17-71 (U.S., November 2018)

The U.S. Supreme Court vacated a Fifth Circuit decision upholding FWS' critical habitat designation for the dusky gopher frog. Before the appellate court, the landowners whose property was designated argued that their property did not qualify as "habitat" for the frog because the species could...

Critical habitat designation

Sierra Club v. United States Army Corps of Engineers

48 ELR 20198
18-1173 (4th Cir., November 2018)

The Fourth Circuit vacated the U.S. Army Corps of Engineers' verification that construction of a natural gas pipeline could proceed in West Virginia under the terms and conditions of CWA Nationwide Permit (NWP) 12. Environmental groups argued that the Corps improperly incorporated the state's...

State certification, §401

Puget Soundkeeper Alliance v. Wheeler

48 ELR 20197
C15-1342-JCC (W.D. Wash., November 2018)

A district court vacated nationwide the Applicability Date Rule, which suspended the effect of the Clean Water Rule until February 2020 and required agencies in the interim to apply the pre-Clean Water Rule definition of "waters of the United States." Environmental groups argued that EPA and the...

Notice requirements, §552, "Navigable waters" construed

Atlantic Coast Pipeline, LLC v. Winstead

48 ELR 20195
5:18-CV-13-BO (E.D.N.C., November 2018)

A district court temporarily stayed proceedings in which a pipeline developer sought access to a North Carolina farm for construction of the Atlantic Coast Pipeline. The landowner sought to stay the pipeline developer's attempt to acquire eminent domain rights to his property to allow pending...

Eminent domain