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Weekly Cases Update Volume 49, Issue 10

Murphy Co. v. Trump

49 ELR 20052
1:17-cv-00285-CL (D. Or., April 2019)

A magistrate judge ruled against a timber company's motion for summary judgment in a challenge to President Obama's decision to include lands covered under the Oregon and California Revested Lands Act (O&A Act) in the expansion of the Cascade-Siskiyou National Monument. The company argued...

National monuments

Lighthouse Resources Inc. v. Inslee

49 ELR 20049
3:18-cv-05005-RJB (W.D. Wash., April 2019)

A district court granted Washington's and environmental groups' motion for summary judgment in a challenge to the state's decision to deny a coal company a CWA §401 certification for construction of a coal export facility along the Columbia River. A railroad company, which planned to provide...

State certification, §401

American Forest Resource Council v. United States

49 ELR 20050
16-1599 (RJL), 16-1602 (RJL), 17-280 (RJL), and 17-441 (RJL) (D.D.C., March 2019)

A district court ordered BLM to provide an explanation for how management of timber harvest on certain federal land (O&C land) in western Oregon had changed, if at all, after President Obama designated approximately 16,000 acres of O&C land as part of the Cascade-Siskiyou National...

BLM lands

National Wildlife Federation v. Secretary of the Department of Transportation

49 ELR 20056
17-10031 (E.D. Mich., March 2019)

A district court granted in part and denied in part an environmental group's motion for summary judgment in a challenge to the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) approval of two spill response plans for an oil pipeline that crosses Michigan's Straits of Mackinac....

Planning and prevention, §311(j)

League of Conservation Voters v. Trump

49 ELR 20051
3:17-cv-00101-SLG (D. Alaska, March 2019)

A district court vacated a provision of President Trump's 2017 Executive Order that reopened Alaska's Beaufort and Chukchi seas and canyon areas in the Atlantic Ocean to oil and gas exploration. Environmental groups argued the president did not have authority under the Outer Continental Shelf...

Oil and gas leasing

Friends of Alaska National Wildlife Refuges v. Bernhardt

49 ELR 20047
3:18-cv-00029-SLG (D. Alaska, March 2019)

A district court vacated DOI's decision to enter into a land exchange agreement to facilitate construction of a road through Izembek National Wildlife Refuge in Alaska. Conservation groups argued the agreement violated the APA because DOI failed to provide justification for reversing previous...

National Wildlife Refuge System

California Cattlemen's Ass'n v. United States Fish and Wildlife Service

49 ELR 20048
1:17-cv-01536 (TNM) (D.D.C., March 2019)

A district court dismissed a lawsuit brought by California farming and ranching groups challenging FWS' designation of 1.8 million acres of critical habitat for two endangered yellow-legged frog species and the threatened Yosemite toad. The groups argued that FWS did not evaluate the effects of...

Critical habitat designation

Hardeman v. Monsanto

49 ELR 20053
16-cv-00525-VC (N.D. Cal., March 2019)

A U.S. jury awarded over $80 million in damages to a California man who claimed that the weedkiller Roundup caused his cancer. The jury found the man proved that Roundup's design was defective, that it lacked sufficient warnings of the risk of non-Hodgkin lymphoma (NHL), and that the weedkiller'...

Toxic Substances (generally)

Citizens for a Healthy Community v. United States Bureau of Land Management

49 ELR 20044
1:17-cv-02519-LTB-GPG (D. Colo., March 2019)

A district court ordered BLM and environmental groups to agree on a remedy for BLM's failure to address impacts from greenhouse gas (GHG) emissions in its NEPA review for oil and gas development in Colorado. The groups argued that BLM failed to take a "hard look" at the severity and impacts of...

Environmental effects

Union of Concerned Scientists v. Wheeler

49 ELR 20054
18-10129-FDS (D. Mass., March 2019)

A district court dismissed a nonprofit group's challenge to an EPA directive that prohibited scientists in receipt of certain EPA grants from serving on the Agency's federal advisory committees. The group argued that the directive violated the Federal Advisory Committee Act (FACA) requirement...