Weekly Cases Update Volume 50, Issue 4

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 50, Issue 6

ELR 2003518-1547 (JDB)(D.D.C., )

A district court dismissed for lack of standing a challenge to FWS' decision to delist the threatened Louisiana black bear under the ESA.

Keywords:
Determination of endangered and threatened species, §4
ELR 2004318-2576 (RC)(D.D.C., )

A district court dismissed a challenge to FWS' development of guidelines implementing its species status assessments (SSA) program under the ESA.

Keywords:
Determination of endangered and threatened species, §4
ELR 2003819cv5174 (DLC)(S.D.N.Y., )

A district court held that a 2017 EPA directive that prohibited scientists in receipt of certain EPA grants from serving on the Agency's federal advisory committees was arbitrary and capricious.

Keywords:
Administrative Procedure Act (APA)
ELR 200402:18-3326-RMG(D.S.C., )

A district court denied a motion to dismiss a challenge to NMFS' decision to issue incidental harassment authorizations to five companies to conduct seismic testing for oil and gas in the Mid- and South Atlantic Ocean.

Keywords:
Outer Continental Shelf Lands Act (OCSLA)
ELR 20044C18-5926 BHS(W.D. Wash., )

A district court held that a railroad company was not required to obtain a local permit to repair its tracks in the Columbia River Gorge National Scenic Area.

Keywords:
Public Lands
ELR 2003719-1009(D.C. Cir., )

The D.C. Circuit dismissed a Native American tribe's petition to review a FERC order denying the tribe's motion to intervene in the Commission's proceeding over construction of a natural gas pipeline in Massachusetts.

Keywords:
National Historic Preservation Act (NHPA)
ELR 2004217-9002(Fed. Cl., )

The Court of Federal Claims held that the U.S. government was not liable for the flooding of homes near two dams managed by the U.S. Army Corps of Engineers in Houston during Hurricane Harvey.

Keywords:
Taking of private property
ELR 2004115-612 (JDB)(D.D.C., )

A district court held an international development bank that financed construction of a coal-fired power plant in India was immune from a suit brought by a group of Indian villagers claiming the plant polluted surrounding air, land, and water.

Keywords:
Federal Jurisdiction
ELR 2003918-1529 (BAH)(D.D.C., )

A district court denied horse advocacy and environmental groups' motion for summary judgment in a lawsuit concerning BLM's proposal to remove wild horses from public lands in southeastern Nevada.

Keywords:
Public Lands

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