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Weekly Cases Update Volume 49, Issue 35

Nestlé Waters North America, Inc. v. Osceola, Township of

49 ELR 20192
341881 (Mich. Ct. App., December 2019)

In an unpublished opinion, a state appellate court reversed a lower court decision that ordered a Michigan township to issue a zoning permit to a food and beverage company to construct a well pumping station on agricultural land. The lower court had concluded that the company's proposed pumping...

Zoning

Animal Legal Defense Fund v. Reynolds

49 ELR 20191
4:19-cv-00124-JEG-HCA (S.D. Iowa, December 2019)

A district court preliminarily enjoined Iowa from enforcing a statute that criminalized undercover investigations of slaughterhouses and other animal facilities. Environmental groups argued that the state statute impermissibly restricted their free speech under the First Amendment because it was...

Free speech

Blue Water Baltimore v. Wheeler

49 ELR 20189
16-452 (RBW) (D.D.C., December 2019)

A district court denied summary judgment in a challenge to EPA's approval of Maryland's 2018 water quality report, which reclassified 139 impairment listings based on TMDLs set by the Agency for the entire Chesapeake Bay. Environmental groups argued that EPA exceeded its authority under the CWA...

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

Cascadia Wildlands v. Department of Fish and Wildlife

49 ELR 20193
534 (Or. Ct. App., November 2019)

A state appellate court upheld the Oregon Fish and Wildlife Commission's 2015 decision to remove the gray wolf from the list of species protected under the Oregon Endangered Species Act (OESA). Environmental groups argued the Commission's conclusion that the wolf species was no longer endangered...

Endangered Species

Plymouth Village Water & Sewer District v. Scott

49 ELR 20194
217-2019-cv-00650 (N.H. Super. Ct., November 2019)

A state court preliminarily enjoined the New Hampshire Department of Environmental Services (DES) from enforcing new rules that tightened allowable limits of per- and polyfluoroalkyl substances (PFAS) in the state's drinking water and groundwater. A chemical manufacturing company argued that DES...

Safe Drinking Water Act (SDWA)

Conservation Law Foundation v. Longwood Venues & Destinations, Inc.

49 ELR 20188
18-11821-WGY (D. Mass., November 2019)

A district court upheld EPA's interpretation that the CWA does not regulate discharges into groundwater that is hydrologically connected to navigable waters in a lawsuit concerning a wastewater treatment facility on Cape Cod. An environmental group argued that the facility was discharging...

National pollutant discharge elimination system (NPDES) permit program, 402

Puget Soundkeeper Alliance v. Wheeler

49 ELR 20190
C15-1342-JCC (W.D. Wash., November 2019)

A district court held that environmental groups lacked standing in their challenge to EPA's exclusion of certain waste treatment systems from the definition of navigable waters under the CWA. The groups argued that they had representational standing to challenge the exclusion, relying on...

Navigable Waters

American Forest Resource Council v. Hammond

49 ELR 20187
16-1599 (RJL), 16-1602 (RJL), 17-280 (RJL), and 17-441 (RJL) (D.D.C., November 2019)

A district court granted summary judgment to timber industry groups in a challenge to President Obama's designation of approximately 40,000 acres of federal timber land (O&C land) as part of the Cascade-Siskiyou National Monument. The groups argued that the proclamation violated the Oregon...

National monuments