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Weekly Cases Update Volume 49, Issue 16

Western Watersheds Project v. Bernhardt

ELR 20099
2:19-cv-0750-SI (D. Or., June 2019)

A district court issued a temporary restraining order forbidding BLM from permitting a ranching company to use two grazing allotments that had been authorized by the Secretary of the Interior in response to a presidential pardon of the company's prior criminal convictions. Environmental groups...

Livestock grazing

Birckhead v. Federal Energy Regulatory Commission

ELR 20097
18-1218 (D.C. Cir., June 2019)

The D.C. Circuit denied a petition to review FERC's decision authorizing the construction and operation of a new natural gas compression facility in Tennessee. Landowners and business owners argued that FERC violated NEPA by failing to adequately evaluate alternatives to the facility. The court...

Discussion of, held adequate

In re Applications of Enbridge Energy, Limited Partnership, for a Certificate of Need and Routing Permit for the Proposed Line 3 Replacement Project in Minnesota From the North Dakota Border to the Wisconsin Border

ELR 20096
A18-1283, A18-1291, and A18-1292 (Minn. Ct. App., June 2019)

A state appellate court reversed the Minnesota Public Utilities Commission's determination that the final EIS for a proposed pipeline replacement project was adequate. Environmental groups argued the final EIS failed to address environmental impacts identified in scoping and raised by public...

Discussion of, held inadequate

National Parks Conservation Ass'n v. Semonite

ELR 20095
18-5179 (D.C. Cir., May 2019)

The D.C. Circuit granted in part the U.S. Army Corps of Engineers' and a power company's request to reconsider a prior court order that vacated a permit for a 17-mile transmission line after finding the Corps failed to prepare an EIS for the line in violation of NEPA. The Corps and power company...

Environmental impact statement (EIS)

EQT Production Co. v. Jefferson Hills, Borough of

ELR 20098
4 WAP 2018 (Pa., May 2019)

A state high court held that a borough council was allowed to consider residents' testimony regarding firsthand experiences with a natural gas extraction company's hydraulic fracturing facility in a neighboring township in a hearing on the company's conditional use application to construct and...

Environmental Law and Policy/Governance

Sierra Club v. Environmental Protection Agency

ELR 20094
16-1158 (D.C. Cir., May 2019)

The D.C. Circuit dismissed in part and denied in part a petition to review EPA's 2016 revisions to its ambient air quality monitoring system regulations. An environmental group argued that the revisions violated the CAA by not requiring states to give advance notice and hold a public hearing...