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Weekly Cases Update Volume 49, Issue 5

Atchafalaya Basinkeeper v. U.S. Army Corps of Engineers

49 ELR 20022
18-23-SDD-EWD (M.D. La., February 2019)

A district court denied environmental groups' motion to preliminarily enjoin a pipeline company from continuing construction on an oil pipeline in the Atchafalaya Basin. The groups sought the injunction to prevent alleged irreparable harm to the basin, arguing that the company was violating key...


National Fuel Gas Supply Corp. v. New York State Department of Environmental Conservation

49 ELR 20017
17-1164-cv (2d Cir., February 2019)

The Second Circuit vacated a decision by the New York State Department of Environmental Conservation denying a state water quality certification for construction of a natural gas pipeline through northwestern Pennsylvania and western New York. The pipeline company argued that the Department's...

State certification, §401

Kanter Real Estate, LLC v. Department of Environmental Protection

49 ELR 20021
1D17-5096 (Fla. 1st DCA, February 2019)

A state appellate court reversed the Florida Department of Environmental Protection's order denying an oil and gas permit to a real estate company to drill an exploratory oil well in the Everglades. The company argued that the Department erred in substituting its factual findings for the...


Mountain Valley Pipeline, LLC v. 6.56 Acres of Land

49 ELR 20019
18-1159, 18-1165, 18-1175, 18-1181, 18-1187, 18-1242, and 18-1300 (4th Cir., February 2019)

The Fourth Circuit affirmed district courts' injunction orders granting a pipeline company immediate possession of necessary easements along its FERC-approved pipeline route by eminent domain. Landowners argued that the district courts lacked authority under the Natural Gas Act to grant...

Natural Gas Act (NGA)

Story of Stuff Project v. United States Forest Service

49 ELR 20020
1:18-cv-00170 (TNM) (D.D.C., February 2019)

A district court granted in part and denied in part an environmental group's motion for summary judgment against the U.S. Forest Service and USDA for failure to disclose under FOIA information about a water bottling company's license to operate in the San Bernadino National Forest. The group...

Exemption No. 6

Air Alliance Houston v. U.S. Chemical and Safety Hazard Investigation Board

49 ELR 20018
17-cv-02608 (APM) (D.D.C., February 2019)

A district court granted environmental groups' request to compel the U.S. Chemical and Safety Hazard Investigation Board to promulgate regulations concerning accidental chemical releases. The groups argued that the Board's failure to implement reporting regulations in the 27 years since Congress...

Administrative Procedure Act (APA), Clean Air Act (CAA)