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Weekly Cases Update Volume 51, Issue 1

Gwich'in Steering Committee v. Bernhardt

51 ELR 20007
3:20-cv-00204-SLG, 3:20-cv-00205-SLG, and 3:20-cv-00223-SLG (D. Alaska, January 2021)

A district court denied motions to preliminarily enjoin BLM from issuing oil and gas leases and authorizing seismic activity in the Arctic National Wildlife Refuge. Indigenous and environmental groups argued that BLM violated, among other statutes, the Alaska National Interest Lands Conservation...

Denied

Defenders of Wildlife v. Everson

51 ELR 20006
18-8061 and 18-8062 (10th Cir., December 2020)

The Tenth Circuit affirmed in part and dismissed in part a lower court ruling in a challenge to actions taken by the National Park Service (NPS) regarding wildlife management on inholdings in Grand Teton National Park. Environmental groups challenged NPS' 2014 determination that a regulation...

Wildlife (generally)

Center for Biological Diversity v. Bernhardt

51 ELR 20004
CV 19-109-M-DLC (D. Mont., December 2020)

A district court denied an environmental group's motion for summary judgment in a challenge to FWS' denial of the group's 2014 petition to update the recovery plan for grizzly bears. The group argued that FWS' denial was arbitrary and capricious. The court concluded that while recovery plans...

Endangered Species Act (ESA)

WildEarth Guardians v. U.S. Forest Service

51 ELR 20005
1:19-cv-00203-CWD (D. Idaho, December 2020)

A district court denied FWS' and the Forest Service's motion to dismiss a challenge to their bear baiting policy for black bear hunting in national forests in Idaho and Wyoming. Environmental groups argued that the number of grizzly bears taken due to hunting black bears using bait in the states...

Biological opinion, §7(b)

Texas v. United States Environmental Protection Agency

51 ELR 20003
18-60606 (5th Cir., December 2020)

The Fifth Circuit denied petitions to review EPA's 2018 redesignation of Bexar County, Texas, from attainment to nonattainment and designation of three neighboring counties as attainment/unclassifiable for 2015 ozone NAAQS. Texas argued EPA only had authority to change the state's recommended...

National ambient air quality standards (NAAQS), §109

Asbestos Disease Awareness Organization v. Wheeler

51 ELR 20002
19-cv-00871-EMC and 19-cv-03807-EMC (N.D. Cal., December 2020)

A district court granted nonprofit groups' motion for summary judgment in a challenge to EPA's denial of their petitions to initiate TSCA rulemaking to expand its information-gathering process regarding asbestos-related health risks. The groups argued that EPA's denial of their petitions was...

Citizen petitions, §21

Sierra Club v. United States Army Corps of Engineers

51 ELR 20001
2:20-cv-00396-LEW (D. Me., December 2020)

A district court denied a motion to preliminarily enjoin construction of a power transmission line through the Western Maine Mountains. Environmental groups challenged the Army Corps of Engineers' decision to issue a CWA/Rivers and Harbors Act permit for the line without preparing an EIS,...

Denied