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Weekly Cases Update Volume 49, Issue 2

Davilla v. Enable Midstream Partners L.P.

49 ELR 20009
17-6088 (10th Cir., January 2019)

The Tenth Circuit affirmed in part and reversed in part a lower court's decision in a challenge to a natural gas pipeline company's expired easement on tribal land. The pipeline company appealed the district court's granting of summary judgment to tribal members on their trespass claims, arguing...

Easements, Property rights

Animal Legal Defense Fund v. Reynolds

49 ELR 20007
4:17-cv-00362-JEG-HCA (S.D. Iowa, January 2019)

A district court ruled unconstitutional an Iowa statute that criminalized undercover investigations of slaughterhouses and other animal facilities. Environmental groups argued that the state statute impermissibly restricted their free speech under the First Amendment because it was a content-...

Free speech

Chernaik v. Brown

49 ELR 20006
16 (Or. Ct. App., January 2019)

An Oregon appellate court upheld a lower court's finding that the public trust doctrine does not require the state to defend the environment from climate change. Plaintiff children had sought declaratory relief for the state's failure to take sufficient steps to protect its public trust...

Climate Change (generally)

Sierra Club v. United States Environmental Protection Agency

49 ELR 20008
18-cv-03472-EDL (N.D. Cal., December 2018)

A district court granted an environmental group's motion for partial summary judgment against EPA for failure to respond to the group's FOIA requests. The group argued that the Agency violated FOIA by not making a determination whether to comply with the group's four FOIA requests within 20...

Freedom of Information Act (FOIA)