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Weekly Cases Update Volume 49, Issue 29

Natural Resources Defense Council, Inc. v. Perry

49 ELR 20168
18-15380 and 18-15475 (9th Cir., October 2019)

The Ninth Circuit affirmed a district court order directing DOE to publish four energy conservation standards in the Federal Register. Environmental groups and states argued that an agency regulation known as the error-correction rule imposed upon DOE a nondiscretionary duty to publish...

Energy Policy and Conservation Act

Oklahoma v. United States Environmental Protection Agency

49 ELR 20169
19-5055 (10th Cir., October 2019)

The Tenth Circuit denied a motion to hold in abeyance a lawsuit concerning EPA and the U.S. Army Corps of Engineers' 2015 Clean Water Rule. It did decide, however, to consider whether to dismiss the case in light of the Trump Administration's repeal and eventual replacement of the rule, and...

"Navigable waters" construed

Friends of the River v. National Marine Fisheries Service

49 ELR 20166
18-15623 (9th Cir., October 2019)

In an unpublished opinion, the Ninth Circuit reversed in part and affirmed in part a summary judgment in favor of NMFS and the U.S. Army Corps of Engineers in a challenge against NMFS' 2014 opinions that reversed its decades-long approach to classifying water diversions and hydroelectric dams on...

Interagency consultation, §7(a)

Sierra Club v. United States Environmental Protection Agency

49 ELR 20165
18-60116 (5th Cir., October 2019)

The Fifth Circuit upheld EPA's approval of Louisiana's SIP for controlling regional haze. Environmental groups challenged the approval of Louisiana's selection of low-sulfur coal over a more effective pollutant control as the best available retrofit technology to curb emissions at a coal-fired...

Approval and revision, §110(a)

Western Watersheds Project v. Schneider

49 ELR 20167
1:16-CV-83-BLW (D. Idaho, October 2019)

A district court denied a motion to dismiss or transfer a lawsuit concerning greater sage-grouse habitat management plans. Environmental groups argued that BLM violated NEPA, FLPMA, and the National Forest Management Act when it issued amendments to the plans that failed to take a range-wide...

Natural Resources (generally)