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Weekly Cases Update Volume 50, Issue 15

Champions Retreat Golf Founders, LLC v. Commissioner of IRS

ELR 20117
18-14817 (11th Cir., May 2020)

The Eleventh Circuit vacated and remanded the U.S. Tax Court's decision disallowing a charitable deduction for a conservation easement over property that included a private golf course and undeveloped land. The appellate court found that the Internal Revenue Code did not disqualify an easement...

Land Use (generally)

Northern Plains Resource Council v. U.S. Army Corps of Engineers

ELR 20115
CV 19-44-GF-BMM (D. Mont., May 2020)

A district court amended a previous order that vacated a nationwide permit (NWP 12) reissued by the U.S. Army Corps of Engineers and enjoined the Corps from authorizing any dredge or fill activities under the permit pending completion of the ESA §7 consultation process. The Corps moved for a...

Interagency consultation, §7(a)

California Natural Resources Agency v. Ross

ELR 20113
1:20-CV-00426-DAD-EPG and 1:20-CV-00431-DAD-EPG (E.D. Cal., May 2020)

A district court preliminarily enjoined the Bureau of Reclamation from expanding water export operations in California's Central Valley based on biological opinions (BiOps) adopted by NMFS and FWS in 2019. California and environmental groups argued that NMFS violated the APA by concluding that...

Biological opinion, §7(b)

Clover Coffie v. Florida Crystals Corp.

ELR 20116
19-80730-CIV-SMITH (S.D. Fla., May 2020)

A district court dismissed for lack of standing a challenge to sugarcane producers' annual burning of sugarcane fields. Nearby landowners argued that the burning has led to a diminution of their property values and that they have suffered and continue to suffer damage to their property,...

Standing to sue

WildEarth Guardians v. U.S. Forest Service

ELR 20114
1:19-cv-00203-CWD (D. Idaho, May 2020)

A magistrate judge granted in part and denied in part the Forest Service's and FWS' motion to dismiss a lawsuit concerning a Forest Service policy that allows states to decide whether bait can be used to hunt black bears in national forests. Environmental groups argued that numerous grizzly...

Incidental taking