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Weekly Cases Update Volume 50, Issue 11

Dallas Safari Club v. Bernhardt

ELR 20085
19-cv-03696 (APM) (D.D.C., April 2020)

A district court denied a motion for a preliminary injunction in a challenge against FWS' failure to act on pending elephant trophy import permit applications. Hunting and tourism groups and elephant sport hunters sought an injunction requiring FWS to expeditiously process all pending and...

Endangered Species Act (ESA)

Association of Irritated Residents v. California Department of Conservation

ELR 20087
F078460 (Cal. Ct. App., April 2020)

In an unpublished opinion, a California appellate court affirmed dismissal of a challenge to the Division of Oil, Gas, and Geothermal Resources' issuance of 213 permits to drill new oil wells in a California oil field. Environmental groups argued the Division failed to comply with the California...

Natural Resources (generally)

Communities for a Better Environment v. South Coast Air Quality Management District

ELR 20086
B294732 (Cal. Ct. App., April 2020)

A California appellate court affirmed dismissal of a challenge to the South Coast Air Quality Management District's determination that an oil refinery project would reduce air pollution. An environmental group first argued the environmental impact report (EIR) was inadequate under the California...

Natural Resources (generally)

Natural Resources Defense Council v. Wheeler

ELR 20082
18-1172 (D.C. Cir., April 2020)

The D.C. Circuit vacated a 2018 EPA rule that instituted a complete vacatur of its 2015 rule blocking the use of hydrofluorocarbons as replacements for ozone-depleting substances. An environmental group argued the 2018 rule was invalid because it was a legislative rule and was thus improperly...

Ozone-depleting substances substitutes, §612

Sierra Club v. Environmental Protection Agency

ELR 20081
18-1167 (D.C. Cir., April 2020)

The D.C. Circuit dismissed a petition to review EPA's Guidance on Significant Impact Levels (SILs) for Ozone and Fine Particles in the Prevention of Significant Deterioration Permitting Program, which sets numerical SILs that can be used by companies applying for PSD permits. An environmental...

Judicial review

In re Joint Application of Westar Energy, Inc. and Kansas Gas and Electric Co.

ELR 20084
120436 (Kan., April 2020)

The Kansas Supreme Court held unlawful a rate design approved by the Kansas Corporation Commission under which utilities charged residential customers generating their own electricity from a renewable source (DG customers) a higher price than they charged non-DG customers. The utilities argued...

Energy (generally)

Bark v. United States Forest Service

ELR 20083
19-35665 (9th Cir., April 2020)

In an unpublished opinion, the Ninth Circuit held that the U.S. Forest Service's decision not to prepare an EIS for a tree-thinning project in Mount Hood National Forest was arbitrary and capricious. A district court concluded that the Service's decision was lawful and thus granted summary...

Held required for