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Weekly Cases Update Volume 50, Issue 4

Center for Biological Diversity v. Everson

50 ELR 20031
15-477 (EGS) and 16-910 (EGS) (D.D.C., January 2020)

A district court held that FWS' decision to list the northern long-eared bat as threatened rather than endangered under the ESA was arbitrary and capricious. Environmental groups argued that the rationale FWS relied on to reach its decision—that the species had not yet suffered declines and...

Threatened species listing

Menominee Indian Tribe of Wisconsin v. Environmental Protection Agency

50 ELR 20032
19-1130 (7th Cir., January 2020)

The Seventh Circuit affirmed dismissal of a challenge to the Michigan Department of Environmental Quality's approval of a CWA §404 permit for a proposed mine along the Menominee River. A Native American tribe argued that EPA and the Corps should have exercised authority over the permit because...

Permit issuance

Renewable Fuels Ass'n v. United States Environmental Protection Agency

50 ELR 20030
18-9533 (10th Cir., January 2020)

The Tenth Circuit vacated EPA orders that granted extensions of exemptions under the CAA's renewable fuels program for three small refineries. Industry groups challenged the orders, arguing that EPA failed to honor the statutory requirement of an "extension" by confusing an extension of an...

Energy Policy Act of 2005, Fuels regulation, §211