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Weekly Cases Update Volume 49, Issue 11

Upper Missouri Waterkeeper v. Montana Department of Environmental Quality

49 ELR 20060
DA 18-0462 (Mont., April 2019)

A state high court affirmed a lower court's summary judgment for the Montana Department of Environmental Quality in a challenge to the Department's issuance of a NPDES general permit for discharges from municipal separate storm sewer systems (MS4s). An environmental group challenged the permit,...

State water quality standards

City of Evanston v. Northern Illinois Gas Co.

49 ELR 20061
16 C 5692 (N.D. Ill., April 2019)

A district court denied a city's motion for a preliminary injunction in a RCRA lawsuit against two utility companies that owned a long-abandoned manufactured gas plant. The city alleged that the plant had contaminated soil in a nearby park and around a decommissioned water main, and sought to...

Injunctive relief

Wyoming v. United States Department of the Interior

49 ELR 20059
18-8027 and 18-8029 (10th Cir., April 2019)

In an unpublished opinion, the Tenth Circuit vacated a district court's order enjoining BLM's Waste Prevention Rule, which restricted the venting and flaring of natural gas wells, pending finalization of a replacement rule that was undergoing public notice and comment. California, New Mexico,...

Natural Resources (generally)

Kansas Natural Resource Coalition v. U.S. Department of the Interior

49 ELR 20058
18-1114-EFM-GEB (D. Kan., April 2019)

A district court granted FWS' motion to dismiss a challenge brought by an environmental group concerning conservation of the lesser prairie chicken. The group argued that FWS unreasonably delayed submitting to Congress a 2003 policy concerning conservation efforts when making listing decisions...

Wildlife (generally)

Friends of Animals v. Zinke

49 ELR 20062
17-cv-2530-RCL (D.D.C., April 2019)

A district court dismissed a lawsuit brought by conservation groups challenging FWS' 2017 enhancement finding that overturned a previous ban on the importation of elephant trophies from Zimbabwe. Conservation groups challenged the finding, which concluded that hunting elephants in Zimbabwe...

Endangered Species Act (ESA)

Mexichem Fluor, Inc. v. Environmental Protection Agency

49 ELR 20057
17-1024 (D.C. Cir., April 2019)

The D.C. Circuit granted hydrofluorocarbon (HFC) manufacturers' petitions to review a 2016 EPA rule that rendered certain HFCs unacceptable for various uses in aerosols, motor vehicle air conditioners, commercial refrigerators, and foams. The court found that it was bound by a previous ruling...

Ozone-depleting substances