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Weekly Cases Update Volume 50, Issue 29

United States v. Aboulsman

ELR 20224
18-2164 and 18-2167 (10th Cir., September 2020)

The Tenth Circuit held, 2-1, that a sovereign must affirmatively act to extinguish aboriginal water rights in a lawsuit concerning water rights of the Pueblos of Jemez, Santa Ana, and Zia in the Jemez River Basin in New Mexico. The district court had concluded that the Pueblos' water rights were...

Water (generally)

Conservation Law Foundation, Inc. v. Shell Oil Products US

ELR 20220
17-396 WES (D.R.I., September 2020)

A district court granted in part and denied in part an oil company's motion to dismiss a climate change adaptation lawsuit brought against it. An environmental group brought a citizen enforcement action under the CWA and RCRA, challenging the company's failure to adapt one of its storage...

Climate Change (generally)

Natural Resources Defense Council v. Zinke

ELR 20225
18-cv-6903 (AJN) (S.D.N.Y., September 2020)

A district court dismissed for lack of subject matter jurisdiction a lawsuit concerning an advisory committee on hunting chartered by DOI under the Federal Advisory Committee Act. Nonprofit groups argued that the Department failed to properly charter the committee, failed to balance its...

Federal Advisory Committee Act (FACA)

Bullock v. United States Bureau of Land Management

ELR 20226
4:20-cv-00062-BMM (D. Mont., September 2020)

A district court held that William Perry Pendley was unlawfully serving as the acting director of BLM. The governor of Montana and the Montana Department of Natural Resources and Conservation argued that Pendley was unlawfully serving as the acting director in violation of the Appointments...

Appointments Clause

Pacific Choice Seafood Co. v. Ross

ELR 20221
18-15455 (9th Cir., September 2020)

The Ninth Circuit affirmed summary judgment for NMFS in a challenge to the Service's rule imposing a quota system for a Pacific non-whiting groundwater fishery that limited the total allowable catch and prohibited any one entity from controlling more than 2.7% of the outstanding quota share. The...

Fisheries

Berry v. Chicago, City of

ELR 20222
124999 (Ill., September 2020)

The Illinois Supreme Court dismissed a lawsuit concerning the city of Chicago's replacement of water meters and water main pipes as well as the partial replacement of lead service lines that run between water mains and residences throughout the city. City residents brought a negligence claim...

Water (generally)

Center for Biological Diversity v. Bernhardt

ELR 20223
19-cv-02898 (APM) (D.D.C., September 2020)

A district court dismissed for lack of standing a challenge to a 2018 FWS memorandum that withdrew a 2014 memorandum stating the Service's intent to phase out most uses of neonicotinoid pesticides and genetically modified crops (GMCs) within the National Wildlife Refuge System. Environmental...

Pesticides