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Weekly Cases Update Volume 49, Issue 20

Norwalk Harbor Keeper v. U.S. Department of Transportation

49 ELR 20118
3:18-cv-0091 (SRU) (D. Conn., July 2019)

A district court granted summary judgment to DOT, the Federal Transit Administration, and the Connecticut Department of Transportation in a challenge to the agencies' EA regarding the replacement of a movable railroad bridge in Norwalk, Connecticut. A conservation group argued the EA was...

Discussion of, held adequate

Colorado Automobile Dealers Ass'n v. Colorado Department of Public Health and Environment

49 ELR 20116
19CV30343 (Colo. 2d Jud. Dist., July 2019)

A state district court dismissed a lawsuit brought by an automobile dealers' association challenging Colorado's adoption of California's low emission vehicle standard. The association argued the adoption would drive up the cost of vehicles for dealers and buyers, causing its members to suffer...

Climate Change (generally)

Center for Environmental Science, Accuracy & Reliability v. United States Department of Interior

49 ELR 20114
17-2313 (JDB) (D.D.C., July 2019)

A district court dismissed a challenge to FWS' denial of a petition to remove the coastal California gnatcatcher from the ESA's threatened species list. Advocacy groups argued the Service's denial of their petition to delist the bird species violated the ESA because the decision was not based on...

Endangered Species Act (ESA)

California Communities Against Toxics v. Environmental Protection Agency

49 ELR 20117
18-1163 (D.C. Cir., July 2019)

The D.C. Circuit upheld an EPA rule that classified as "recycled" certain hazardous material sent to a third-party reclamation facility and thus exempted the material from RCRA regulations governing discarded waste. Environmental groups argued the rule violated RCRA because material that a...

Hazardous waste management

Center for Environmental Law & Policy v. Washington Department of Ecology

49 ELR 20115
51439-7-II (Wash. App. Ct., June 2019)

A state appellate court held invalid the Department of Ecology's administrative rule establishing summer minimum instream flows for the lower reach of the Spokane River. Environmental groups challenged the validity of the rule, arguing that it exceeded the Department's authority under the Water...