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Weekly Cases Update Volume 50, Issue 2

County of El Paso, Texas v. Trump

50 ELR 20017
19-51144 (5th Cir., January 2020)

The Fifth Circuit blocked a preliminary injunction issued by a district court that had barred the Trump Administration from using military funds to build portions of a border wall along the U.S.-Mexico border. The district court had found that the Consolidated Appropriations Act expressly...

President

Friends of Buckingham v. State Air Pollution Control Board

50 ELR 20018
19-1152 (4th Cir., January 2020)

The Fourth Circuit vacated the Virginia Air Pollution Control Board's approval of a permit for construction of a compressor station associated with a natural gas pipeline in an historically African-American community. Environmental groups argued that the Board erred in failing to make any...

Environmental Justice, Natural Resources (generally)

San Francisco Herring Ass'n v. U.S. Department of the Interior

50 ELR 20016
18-15443 (9th Cir., December 2019)

The Ninth Circuit reversed a district court's denial of leave to file an amended complaint in a challenge to NPS' authority to prohibit commercial herring fishing in the waters of the Golden Gate National Recreation Area in San Francisco Bay. A fishing industry group argued that NPS did not have...

Fisheries

Food & Water Watch, Inc. v. United States Environmental Protection Agency

50 ELR 20014
17-cv-02162-EMC (N.D. Cal., December 2019)

A district court denied nonprofit groups' and EPA's cross-motions for summary judgment in a challenge to the Agency's denial of a petition to regulate the fluoridation of drinking water supplies under TSCA. The groups argued that the ingestion of fluoride posed an unreasonable risk of neurotoxic...

Regulation of hazardous chemical substances and mixtures, §6

Center for Biological Diversity v. Bernhardt

50 ELR 20015
18-35629 (9th Cir., December 2019)

The Ninth Circuit affirmed a district court's dismissal of an environmental group's request to compel DOI to reinstate the Refuges Rule, which prohibited Alaska's predator-control methods on national wildlife refuges as well as certain methods of hunting bears and wolves. The group argued that...

Congress

Delacroix Corp. v. Becerra

50 ELR 20007
2:19-cv-02488-KJM-CKD (E.D. Cal., December 2019)

A district court temporarily blocked a California law banning the import and sale of alligator and crocodile products. The court noted, however, that the California Department of Fish and Wildlife can continue to enforce laws that bar the importation of alligator and crocodile bodies and body...

Endangered Species Act (ESA)