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Weekly Cases Update Volume 49, Issue 3

National Parks Conservation Ass'n v. North Dakota Department of Health

49 ELR 20012
45-2018-CV-680 (S.W. Jud. Dist. N.D., January 2019)

A state court upheld the North Dakota Department of Health's decision to issue an air quality permit for construction of an oil refinery less than three miles from Theodore Roosevelt National Park. Environmental groups argued that the Department's decision to issue a synthetic minor source...

Operating permits,§§501-507

Oceana, Inc. v. Ross

49 ELR 20013
16-CV-06784-LHK (N.D. Cal., January 2019)

A district court granted an environmental group's request to enforce the court's previous order that NMFS issue a new catch rule for northern anchovy that complies with the Magnuson-Stevens Act (MSA) and the APA. The group argued that the agency had not complied with the order and requested that...

Fishery Conservation and Management Act (Magnuson-Stevens Act)

Rocky Mountain Farmers Union v. Corey

49 ELR 20010
17-16881 (9th Cir., January 2019)

The Ninth Circuit affirmed a district court's dismissal of a constitutional challenge to California's 2015 Low Carbon Fuel Standard (LCFS). Farming groups argued that the state's LCFS violated the Commerce Clause and the federal structure of the Constitution by regulating extraterritorially. But...

Air pollution

Center for Biological Diversity v. U.S. Bureau of Land Management

49 ELR 20011
3:17-CV-553-LRH-WGC (D. Nev., January 2019)

A district court denied environmental groups' motion for summary judgment against BLM for lease sales in 2017. The groups argued that BLM failed to fully consider numerous and foreseeable environmental impacts of the leases as required under NEPA. But the court found that BLM's analysis in...

Held not required for