Weekly Cases Update Volume 50, Issue 8

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 16

ELR 2011819-cv-05206-JST(N.D. Cal., )

A district court dismissed for lack of standing a challenge to FWS' and NMFS' issuance of rules that revised key requirements of ESA's implementing regulations.

Keywords:
Protective regulations, §4(d), Federal actions, §7
ELR 2011919-cv-06013-JST(N.D. Cal., )

A district court denied FWS' and NMFS' motion to dismiss a challenge to the agencies' issuance of rules that revised key requirements of the ESA's implementing regulations.

Keywords:
Endangered Species Act (ESA)
ELR 201283:17-cv-398-J-34MCR(M.D. Fla., )

A district court granted summary judgment for the U.S. Army Corps of Engineers in a challenge to its proposal to dredge a portion of a harbor located in the Lower St. Johns River.

Keywords:
National Environmental Policy Act (NEPA)
ELR 20122CV-17-30-GF-BMM(D. Mont., )

A district court denied a request to vacate the Trump Administration's decision to lift the Obama Administration's moratorium on new coal leasing on public lands.

Keywords:
Environmental assessment (EA)
ELR 20130CV-18-69-GF-BMM(D. Mont., )

A district court vacated BLM's 2018 instruction memorandum (IM) and oil and gas lease sales in Montana and Wyoming issued in reliance on the IM for failing to maintain federal protections for the greater sage-grouse.

Keywords:
Federal Land Policy and Management Act (FLPMA)
ELR 2012118-1285(D.C. Cir., )

The D.C. Circuit granted in part and denied in part Delaware's and Maryland's challenges to EPA's denial of their CAA §126(b) petitions requesting that the Agency impose additional limitations on certain upwind sources contributing to the states' nonattainment of ozone NAAQS.

Keywords:
Interstate pollution abatement, §126
ELR 2012719-1425, 19-1472, 19-1477, and 19-1533(6th Cir., )

The Sixth Circuit affirmed a district court ruling that denied city and state officials' motions to dismiss residents' bodily integrity claim stemming from the water contamination crisis in Flint, Michigan.

Keywords:
Qualified immunity, Sovereign immunity

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