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Weekly Cases Update Volume 50, Issue 35

Bair v. California Department of Transportation

50 ELR 20258
19-16478 (9th Cir., December 2020)

The Ninth Circuit reversed a lower court ruling that the California Department of Transportation failed to adequately consider the environmental impacts of a proposed highway improvement project in a state park. Residents and environmental groups challenged the project on a variety of grounds,...

Discussion of, held adequate

Sierra Club v. United States Army Corps of Engineers

50 ELR 20257
20-2039 (4th Cir., December 2020)

The Fourth Circuit stayed a pipeline company's use of a nationwide permit, verified by the Army Corps of Engineers, to carry out construction of the Mountain Valley Pipeline in streams and rivers along the pipeline's route. Environmental groups argued the verification was unlawful because the...

Permit issuance

Columbia Riverkeeper v. United States Army Corp of Engineers

50 ELR 20256
19-6071 (W.D. Wash., November 2020)

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to the Army Corps of Engineers' approval of permits for a methanol plant in southwestern Washington. The groups argued that the Corps' EA was insufficient, that the agency should...

Held required for

Voigt v. Coyote Creek Mining Co., LLC

50 ELR 20254
18-2705 (8th Cir., November 2020)

The Eighth Circuit affirmed, 2-1, a ruling in favor of a mining company in a challenge to the company's failure to obtain a CAA construction permit for a mine in rural North Dakota. The owners of an adjacent ranch argued that the company failed to obtain the proper permit under the CAA and...

Clean Air Act (CAA)

WildEarth Guardians v. Bernhardt

50 ELR 20255
1:19-cv-00505-RB-SCY (D.N.M, November 2020)

A district court denied a motion to vacate three oil and gas leases issued by BLM in southeastern New Mexico. An environmental group argued BLM violated NEPA by failing to take a "hard look" at the environmental impacts of the leases and failing to sufficiently justify its decision not to...

Held not required for