Weekly Cases Update Volume 50, Issue 6

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 12

ELR 20091CV-19-44-GF-BMM(D. Mont., )

A district court vacated a nationwide permit reissued by the U.S. Army Corps of Engineers that allowed for construction of the Keystone XL Pipeline across waterways. Environmental groups argued the reissuance violated the ESA by failing to initiate programmatic consultation.

Keywords:
Interagency consultation, §7(a)
ELR 2009319cv5174 (DLC)(S.D.N.Y., )

A district court vacated EPA's 2017 directive that prohibited scientists in receipt of certain EPA grants from serving on the Agency's federal advisory committees.

Keywords:
Agencies
ELR 2008919-1074(D.C. Cir., )

The D.C. Circuit vacated FERC's refusal to allow a natural gas pipeline company to impose incremental-plus rates to cover the costs of an expansion project.

Keywords:
Natural Gas Act (NGA)
ELR 2008818-112 (JEB)(D.D.C., )

A district court held that NMFS violated the ESA by approving a U.S. lobster fishery without adequately considering the fishery's impact on the endangered North Atlantic right whale.

Keywords:
Incidental taking
ELR 2009218-2230 (JDB)(D.D.C., )

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to EPA's approval of an Oklahoma program regulating the disposal of coal combustion residuals.

Keywords:
State programs, §3006
ELR 20090JKB-19-106(D. Md., )

A district court upheld a CWA §404 permit the U.S.

Keywords:
Dredge and fill, §404
ELR 20094CV-18-110-GF-BMM(D. Mont., )

A district court denied summary judgment to an environmental group in a lawsuit concerning the Pipeline and Hazardous Materials Safety Administration's (PHMSA's) obligations under the Mineral Leasing Act (MLA) to inspect all pipelines on federal lands annually.

Keywords:
Scope of review, §706

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