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Weekly Cases Update Volume 49, Issue 4

Butler v. Louisiana Department of Natural Resources

49 ELR 20016
18-CA-414 (La. Ct. App. 5th Cir., January 2019)

A state appellate court reversed a judgment against a coastal use permit issued by Louisiana's Department of Natural Resources for construction of an oil pipeline. The Department argued that the lower court erred in not deferring to the Department's finding that its coastal use permit (CUP)...

Water (generally)

Klamath-Siskiyou Wildlands Center v. Grantham

49 ELR 20014
2:18-cv-02785-TLN-DMC (E.D. Cal., January 2019)

A district court granted environmental groups' motion to preliminarily enjoin the U.S. Forest Service from harvesting damaged trees in the Klamath National Forest following a 2017 fire. The groups argued that the harvesting project violated the National Forest Management Act (NFMA) by failing to...

Klamath National Forest

Hoopa Valley Tribe v. Federal Energy Regulatory Commission

49 ELR 20015
14-1271 (D.C. Cir., January 2019)

The D.C. Circuit vacated a FERC decision concerning a licensee's decommissioning plan with reviewing states for hydroelectric dams along the Klamath River. A Native American tribe challenged FERC's determination that California and Oregon had not waived their water quality certification...

State certification, §401