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Weekly Cases Update Volume 49, Issue 19

Kisor v. Wilkie

ELR 20113
18-15 (U.S., June 2019)

The U.S. Supreme Court upheld the Auer doctrine, deferring to the Department of Veterans Affairs' interpretation of an ambiguous regulation in a lawsuit concerning disability benefits. A veteran challenged the lower court's application of the doctrine, arguing that the APA's judicial review...

Standard of review, §706(2)

Valero Energy Corp. v. Environmental Protection Agency

ELR 20111
18-1028 (D.C. Cir., June 2019)

The D.C. Circuit dismissed a petroleum refiner's petition to review an EPA document interpreting a portion of the Energy Independence and Security Act that directs the Agency to perform periodic reviews of renewable fuel thresholds for gasoline. The refiner argued that the Agency incorrectly...

Energy (generally)

Center for Biological Diversity v. Ilano

ELR 20110
17-16760 (9th Cir., June 2019)

The Ninth Circuit affirmed a summary judgment for the U.S. Forest Service in a challenge to the Service's designation of at-risk forest lands and its approval of a project aimed to address spreading pine-beetle infestation in previously designated at-risk areas in Tahoe National Forest....

Held not required for

Center for Biological Diversity v. U.S. Bureau of Land Management

ELR 20112
2:17-cv-08587-GW-(ASx) and 2:18-cv-06775-GW-(ASx) (C.D. Cal., June 2019)

A district court granted environmental groups' motions for summary judgment in a challenge to BLM's 2017 determination that it did not need to authorize a proposed water pipeline project in southern California because the project fell within the scope of a right-of-way granted to a railroad...

Easements