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Weekly Cases Update Volume 49, Issue 15

Puntenney v. Iowa Utilities Board

49 ELR 20092
17-0423 (Iowa, May 2019)
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A state high court affirmed a lower court denial of landowners' and an environmental group's petition to review a decision by the Iowa Utilities Board authorizing a company to use eminent domain to build a crude oil pipeline. The landowners and group argued the pipeline did not serve the "public...

Eminent domain

Center for Biological Diversity v. United States Forest Service

49 ELR 20093
17-15790 (9th Cir., May 2019)
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The Ninth Circuit reversed a district court's dismissal of a challenge to the use of lead ammunition in Kaibab National Forest. Environmental groups sought to require the U.S. Forest Service to address the use of lead ammunition by hunters in the national forest, alleging the the Service's...

Resource Conservation and Recovery Act (RCRA)

Oklahoma v. United States Environmental Protection Agency

49 ELR 20091
15-CV-0381-CVE-FHM and 15-CV-0386-CVE-FHM (N.D. Okla., May 2019)
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A district court denied Oklahoma's motion to preliminarily enjoin EPA and the U.S. Army Corps of Engineers from enforcing their 2015 Clean Water Rule. The state sought to enjoin the 2015 Rule from being enforced until a final judgment was entered in the case. But the court found the potential...

Navigable Waters

In re Applications for a Supplemental Environmental Impact Statement for the Proposed NorthMet Project

49 ELR 20088
A18-1312, A18-1524, and A18-1608 (Minn. Ct. App., May 2019)
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In an unpublished opinion, a state appellate court upheld the Minnesota Department of Natural Resources' decision denying a request for the preparation of a supplemental EIS for a proposed copper-nickel-platinum group elements mine. Environmental groups challenged the Department's determination...

Decision not to prepare

Texas v. United States Environmental Protection Agency

49 ELR 20089
3:15-CV-00162 (S.D. Tex., May 2019)
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A district court granted states' and industry groups' motion for summary judgment in a challenge to EPA's and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. The states and groups argued that the final rulemaking violated the notice-and-comment requirements under the APA because the...

Navigable Waters

Wildearth Guardians v. Chao

49 ELR 20086
CV-18-110-GF-BMM (D. Mont., May 2019)
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A district court denied the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) motion to dismiss a challenge to the agency's pipeline inspection regulations. An environmental group argued that PHMSA's existing regulations did not encompass all oil and gas pipelines that crossed...

Mineral Leasing Act of 1920 (MLA)

Herrera v. Wyoming

49 ELR 20087
17-532 (U.S., May 2019)
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The U.S. Supreme Court vacated a lower court ruling that a Native American tribal member did not have the right to hunt in Bighorn National Forest because an 1868 treaty granting the right expired when Wyoming became a state. The Court held that the treaty right survived Wyoming's statehood,...

Land Use (generally)
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