Weekly Cases Update Volume 50, Issue 11

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 50, Issue 25

ELR 2019018-CV-4596 (VEC), 18-CV-4601 (VEC), and 18-CV-8084 (VEC)(S.D.N.Y., )

A district court vacated DOI's 2017 policy allowing incidental takings and killings of migratory birds.

Keywords:
Migratory Bird Treaty Act (MBTA)
ELR 201973:18-cv-00437-HZ(D. Or., )

A district court granted summary judgment for conservation groups in a lawsuit alleging that the Army Corps of Engineers' continued operation and maintenance of a flood control project in the Pacific Northwest violated the ESA.

Keywords:
Jeopardize species/habitat
ELR 20198Cum-20-181(Maine, )

The Maine Supreme Court held unconstitutional a state ballot initiative that proposed to reverse a Maine Public Utilities Commission order granting a certificate of public convenience and necessity for a 145-mile transmission line in New England.

Keywords:
Energy (generally)
ELR 2019397684-8(Wash., )

The Washington Supreme Court upheld the Department of Ecology's rule that set a summertime minimum instream-flow rate for the Spokane River at 850 cubic feet per second (cfs).

Keywords:
Water (generally)
ELR 2019219-1139(D.C. Cir., )

The D.C. Circuit denied in part and dismissed in part a petition to review EPA's guidance concerning the process of certifying cellulosic biofuel.

Keywords:
Clean Air Act (CAA)
ELR 2019418-2360(4th Cir., )

The Fourth Circuit dismissed a petition to vacate or set aside the FAA's modification to a series of flight routes that caused residents of historic areas of a county in Maryland to endure "insufferable levels of noise." The county argued that the FAA failed to comply with environm

Keywords:
Courts
ELR 2018920-1350(7th Cir., )

The Seventh Circuit reversed the denial of transmission companies' motion to intervene in a lawsuit challenging the Wisconsin Public Service Commission's approval of a $500 million electricity transmission line in southwestern Wisconsin.

Keywords:
Intervention
ELR 201911:19-CV-445-BLW(D. Idaho, )

A district court granted summary judgment for environmental groups in a challenge to the Forest Service's approval of a site-specific project involving restoration activities in Payette National Forest.

Keywords:
National Forest Management Act (NFMA), Environmental impact statement (EIS)
ELR 201963:14-cv-1593JD(N.D. Ind., )

A district court denied injunctive relief to residents in a lawsuit concerning soil and groundwater contamination at and adjacent to a manufacturing facility in Goshen, Indiana.

Keywords:
Imminent and substantial endangerment, §7002(a)(1)(B)
ELR 20188CV 20-22-GF-KLD(D. Mont., )

A district court denied a motion to dismiss or stay a challenge to the Bureau of Reclamation's alleged ongoing, unpermitted take of bull trout near Glacier National Park.

Keywords:
Incidental taking

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