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Weekly Cases Update Volume 49, Issue 23

Anacostia Riverkeeper, Inc. v. Wheeler

ELR 20135
16-cv-1651 (CRC) (D.D.C., August 2019)

A district court vacated TMDLs that were established by the District of Columbia for E. Coli bacteria in portions of the Anacostia and Potomac Rivers and approved by EPA in 2014. Environmental groups challenged EPA's approval, arguing the Agency failed to set true maximum daily loads of E. Coli...

Total maximum daily loads (TMDLs), §303(d)

United Keetoowah Band of Cherokee Indians in Oklahoma v. Federal Communications Commission

ELR 20136
18-1129 (D.C. Cir., August 2019)

The D.C. Circuit granted in part petitions to vacate a portion of a Federal Communications Commission order that exempted most small cell construction from review under the National Historic Preservation Act (NHPA) and NEPA. Native American tribes and an environmental group argued that...

Application to

Central Sierra Environmental Resource Center v. Stanislaus National Forest

ELR 20134
1:17-cv-00441-LJO-SAB (E.D. Cal., August 2019)

A district court denied a motion for summary judgment in a challenge to the U.S. Forest Service's cattle grazing program for three livestock allotments in Stanislaus National Forest. Environmental groups argued the program caused violations of water quality standards for fecal coliform bacteria...

National Forest Management Act (NFMA)

Minnesota Center for Environmental Advocacy v. Minnesota Department of Natural Resources

ELR 20132
A18-1956 (Minn. Ct. App., August 2019)

In an unpublished opinion, a state appellate court upheld the Minnesota Department of Natural Resources' rules under which the permit for a copper-nickel-platinum mine was issued. Environmental groups challenged the rules, asserting that they were constitutionally vague and unenforceable. The...

Environmental Law and Policy/Governance

Allegheny Defense Project v. Federal Energy Regulatory Commission

ELR 20133
17-1098 (D.C. Cir., August 2019)

The D.C. Circuit upheld FERC's approval of a natural gas pipeline that would run from northern Pennsylvania to Alabama. Environmental groups and landowners argued that FERC violated NEPA by failing to factor downstream greenhouse gas emissions into its evaluation of the project's environmental...

Discussion of, held adequate