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Weekly Cases Update Volume 49, Issue 9

Wildearth Guardians v. Zinke

49 ELR 20041
16-1724 (RC) (D.D.C., March 2019)

A district court granted in part environmental groups' motion for summary judgment in a challenge to BLM authorization of oil and gas leasing on federal land in Colorado, Utah, and Wyoming. The groups argued that the EAs and FONSIs issued violated NEPA because BLM failed to take a "hard look" at...

Environmental effects

Riverkeeper, Inc. v. Wheeler

49 ELR 20043
17-CV-4916 (VSB) (S.D.N.Y., March 2019)

A district court granted EPA's motion to dismiss a CWA lawsuit seeking to require the Agency to publish New York's water quality standards. The Agency asserted that environmental groups lacked subject matter jurisdiction to bring the suit because EPA had a discretionary, rather than...

Water quality standards, §303

Eden Environmental Citizen's Group LLC v. Laptalo Enterprises, Inc.

49 ELR 20040
18-cv-05544-YGR (N.D. Cal., March 2019)

A district court denied a manufacturing company's motion to dismiss a CWA lawsuit alleging that the company improperly stored and disposed of industrial waste at its sheet metal manufacturing facility. The company argued that an environmental group did not have standing to sue because it failed...

Standing

Wildearth Guardians v. Provencio

49 ELR 20039
17-17373 (9th Cir., March 2019)

The Ninth Circuit affirmed a summary judgment for the U.S. Forest Service in a challenge to the agency's authorization of travel management plans that permitted motorized game retrieval within a mile of every open road in three districts of the Kaibab National Forest. Environmental groups argued...

National Environmental Policy Act (NEPA)

Residents of Gordon Plaza, Inc. v. Latoya Cantrell

49 ELR 20042
18-4226 (E.D. La., March 2019)

A district court granted residents' motion for summary judgment in a RCRA lawsuit against the city of New Orleans for inhumane and dangerous living conditions at a residential development located on a former landfill site previously operated by the city. The residents argued that the city had...

Retroactive application