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Weekly Cases Update Volume 50, Issue 19

Friends of Animals v. Bernhardt

50 ELR 20147
19-5147 and 19-5152 (D.C. Cir., June 2020)

The D.C. Circuit upheld FWS' withdrawal of prior findings for elephant trophy hunting in southern Africa. Conservation groups argued that FWS violated the APA by withdrawing its prior findings without providing notice and comment. The court found that a notice-and-comment period was not required...

Endangered Species Act (ESA)

Solonex LLC v. Bernhardt

50 ELR 20146
18-5343 (D.C. Cir., June 2020)

The D.C. Circuit vacated a district court ruling concerning DOI's cancellation of an oil and gas lease in Montana. The leaseholder challenged the Department's cancellation, and the district court ruled in its favor, holding that the amount of time that had elapsed between the issuance of the...

Natural Resources (generally)

United States Forest Service v. Cowpasture River Preservation Ass'n

50 ELR 20148
18-1584 (U.S., June 2020)

The U.S. Supreme Court held, 7-2, that the Forest Service had authority under the Mineral Leasing Act (MLA) to issue a special use permit that granted a right-of-way for a segment of a natural gas pipeline to be constructed beneath the Appalachian Trail in George Washington National Forest....

Rights-of-way, §28

People for the Ethical Treatment of Animals, Inc. v. Stein

50 ELR 20149
1:16CV25 (M.D.N.C., June 2020)

A district court ruled unconstitutional provisions of a North Carolina statute that restricted undercover investigations of facilities and farms where animal testing or processing takes place. Nonprofit groups argued that provisions of the statute violated the First Amendment because they failed...

First Amendment

Wild Watershed v. Hurlocker

50 ELR 20145
19-2106 (10th Cir., June 2020)

The Tenth Circuit upheld the Forest Service's approval of two forest-thinning projects in the Santa Fe National Forest. Environmental groups and individuals argued the Service violated NEPA by failing to adequately consider the projects' effects on inventoried roadless areas and their cumulative...

National Environmental Policy Act (NEPA)