Weekly Cases Update Volume 50, Issue 9

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 21

ELR 2016919-35008(9th Cir., )

The Ninth Circuit affirmed summary judgment for BLM in a challenge to its 2017 offer and sale of oil and gas leases in the National Petroleum Reserve-Alaska.

Keywords:
Environmental impact statement (EIS)
ELR 2016119-1330(10th Cir., )

The Tenth Circuit affirmed a district court ruling that remanded to state court a climate change lawsuit against oil companies for contributing to global warming-related damage in Colorado.

Keywords:
Climate Change (generally)
ELR 2016218-9507(10th Cir., )

The Tenth Circuit held that EPA erred in denying an environmental group's petition to review the renewal of a state-issued Title V operating permit for a coal-fired power plant in Utah.

Keywords:
Operating permits,§§501-507
ELR 2015819-cv-02004-VC(N.D. Cal., )

A district court dismissed for lack of subject matter jurisdiction a suit concerning EPA's CAA obligations to regulate pollution from coke ovens.

Keywords:
Clean Air Act (CAA)
ELR 2016816-1534 (JEB)(D.D.C., )

A district court vacated the Army Corps of Engineers' decision to grant an easement under the Mineral Leasing Act for the Dakota Access Pipeline, which runs from North Dakota to Illinois, after previously ruling that the Corps must prepare an EIS for the pipeline to comply with NEPA.

Keywords:
Environmental impact statement (EIS)
ELR 201601:19-cv-0118-CWD(D. Idaho, )

A district court denied a motion to preliminarily enjoin the Forest Service from constructing a recreation trail across private property located in the Sawtooth National Recreation Area.

Keywords:
National recreation areas
ELR 20163CV 19-47-M-DLC(D. Mont., )

A district court granted in part summary judgment for nonprofit groups in a suit concerning a logging project in the Helena-Lewis and Clark National Forest.

Keywords:
Alternatives, Endangered Species Act (ESA)
ELR 2016520 Civ. 3058 (CM)(S.D.N.Y., )

A district court granted EPA's cross-motion for summary judgment in a lawsuit concerning the Agency's issuance of a temporary policy that scaled back enforcement efforts during the COVID-19 pandemic.

Keywords:
Enforcement and Compliance
ELR 2015720190095(N.D., )

The North Dakota Supreme Court affirmed a lower court ruling upholding the North Dakota Department of Environmental Quality's issuance of an air quality permit to construct a refinery.

Keywords:
Hazardous air pollutants, §112
ELR 20164CV 19-165-M-DWM(D. Mont., )

A district court granted in part and denied in part cross-motions for summary judgment in a lawsuit seeking FOIA disclosure of records concerning Yellowstone National Park's policy on the size of its bison population.

Keywords:
Deliberative-process privilege

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