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Weekly Cases Update Volume 49, Issue 14

Ecological Rights Foundation v. Federal Emergency Management Agency

ELR 20083
17-cv-02788-JD (N.D. Cal., May 2019)

A district court granted environmental groups' motion to set aside FEMA's biological evaluation to determine whether proposed revisions to the National Flood Insurance Program would affect species and habitats protected under the ESA. The groups argued that FEMA wrongfully failed to consider...

Jeopardize species/habitat

Pilliod v. Monsanto Co.

ELR 20084
RG17862702 (Cal. Super. Ct., May 2019)

A California jury awarded over $2 billion in compensatory and punitive damages to two residents who claimed that the weedkiller Roundup caused their non-Hodgkin lymphoma. The jury found that the weedkiller's manufacturer was aware of the risks associated with its product and negligently failed...

Toxic Substances (generally)

Friends of the Wild Swan v. Kehr

ELR 20082
18-35612 (9th Cir., May 2019)

In an unpublished opinion, the Ninth Circuit affirmed a summary judgment for the U.S. Forest Service in a challenge to its proposed logging project in Flathead National Forest. Environmental groups argued that the Service violated the National Forest Management Act (NFMA) and NEPA by failing to...

National Environmental Policy Act (NEPA)

Utah Native Plant Society v. United States Forest Service

ELR 20081
17-4074 (10th Cir., May 2019)

The Tenth Circuit affirmed a judgment dismissing a challenge to a U.S. Forest Service decision allowing Utah's Division of Wildlife Resources to release mountain goats on state lands adjacent to the Manti-La Sal National Forest. A conservation group argued that the Service—knowing the Division's...

Wildlife (generally)