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Weekly Cases Update Volume 49, Issue 27

Berner v. Montour Township Zoning Hearing Board

ELR 20157
39 MAP 2018 (Pa., September 2019)

A state high court reversed a lower court decision in a lawsuit over a hog farmer's application for a special zoning exception to construct a livestock manure storage facility. The farmer argued that a a local zoning ordinance setting forth criteria that must be met to obtain approval for the...

Agriculture

National Audubon Society v. United States Army Corps of Engineers

ELR 20158
7:17-CV-162-FL (E.D.N.C., September 2019)

A district court granted summary judgment to the U.S. Army Corps of Engineers in a challenge to the Corps' approval of construction of a terminal groin to mitigate shoreline erosion in a North Carolina town. A conservation group first argued that the third-party contractor who submitted the...

Discussion of, held adequate

Southeast Alaska Conservation Council v. United States Forest Service

ELR 20155
1:19-cv-00006-SLG (D. Alaska, September 2019)

A district court preliminarily enjoined the U.S. Forest Service from allowing any timber harvesting, road construction, or other ground-disturbing activities associated with the Service's authorization of a timber sale in Tongass National Forest. Environmental groups, whose members use...

Forest Service activities

Protect Our Communities Foundation v. LaCounte

ELR 20156
17-55647 (9th Cir., September 2019)

The Ninth Circuit affirmed a summary judgment in favor of the Bureau of Indian Affairs (BIA) and its approval of an industrial-scale wind facility in southern California. A conservation group argued that BIA improperly relied on BLM's EIS for the project because BIA failed to explain its...

Discussion of, held adequate