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Weekly Cases Update Volume 49, Issue 32

Center for Biological Diversity v. U.S. Army Corps of Engineers

49 ELR 20176
18-10541 (11th Cir., November 2019)

The Eleventh Circuit affirmed a district court decision upholding the U.S. Army Corps of Engineers' issuance of four CWA §404 permits to a fertilizer manufacturer engaged in phosphate mining in Florida. The district court found nothing arbitrary or capricious about the Corps’ determination that...

Permit issuance

Alliance for the Wild Rockies v. Savage

49 ELR 20179
19-35035 (9th Cir., November 2019)

In an unpublished opinion, the Ninth Circuit affirmed in part and remanded in part a district court order that lifted an injunction on a logging project in the Kootenai National Forest. Environmental groups sought to enjoin the project again, arguing that the Forest Service's analysis of the...

Kootenai National Forest, Mont.

Center for Biological Diversity v. Ross

49 ELR 20178
18-112 (JEB) (D.D.C., October 2019)

A district court denied NMFS’ motion to stay a lawsuit concerning the effects of lobster fishing on the endangered North Atlantic right whale. The agency requested a stay pending its promulgation of two conservation measures—a new biological opinion for the American lobster fishery and a...

Endangered Species Act (ESA)

Conservation Law Foundation v. Ross

49 ELR 20177
18-1087 (JEB) (D.D.C., October 2019)

A district court enjoined a NMFS rule that opened two areas of previously protected North Atlantic right whale habitat off the New England coast to gillnet fishing. An environmental group argued that the Sustainable Fisheries Division (SFD) of NMFS failed to consult with the agency’s Protected...

NMFS