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Weekly Cases Update Volume 50, Issue 33

Institute for Fisheries Resources v. United States Food and Drug Administration

50 ELR 20246
16-cv-01574-VC (N.D. Cal., November 2020)

A district court granted in part and denied in part advocacy and industry groups' motion for summary judgment in a challenge to FDA's decision to allow a company to create and farm genetically engineered salmon. The groups argued that FDA violated NEPA by failing to take a sufficiently "hard...

Environmental assessment (EA), Interagency consultation, §7(a)

Alliance for the Wild Rockies v. Burman

50 ELR 20247
CV 20-22-GF-KLD (D. Mont., October 2020)

A district court dismissed a challenge to the Bureau of Reclamation's alleged ongoing, unpermitted take of bull trout through operation of an irrigation project near Glacier National Park. An environmental group argued that the Bureau's water control and delivery structures in the St. Mary River...

Incidental taking

Rhode Island v. Shell Oil Products Co., L.L.C.

50 ELR 20245
19-1818 (1st Cir., October 2020)

The First Circuit affirmed a district court order remanding to state court Rhode Island's climate change lawsuit against several oil companies. The companies argued that the suit was properly removed to federal court because the state's complaint presented a federal question. The district court...

Climate Change (generally)