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Weekly Cases Update Volume 51, Issue 10

New York, City of v. Chevron Corp.

51 ELR 20058
18-2188 (2d Cir., April 2021)

The Second Circuit affirmed dismissal of a lawsuit seeking damages from oil companies for harms caused by climate change. New York City sued the companies under state tort law to recover damages caused by the companies' legal commercial conduct in producing and selling fossil fuels. The...

Climate Change (generally)

Florida v. Georgia

51 ELR 20059
142, Orig. (U.S., April 2021)

The U.S. Supreme Court, in an ongoing dispute between Florida and Georgia over the apportionment of the Apalachicola-Chattahoochee-Flint River Basin's waters, agreed unanimously with a special master's latest recommendation on remand that Florida's request for a cap on Georgia's consumption of...

Water (generally)

Minnesota v. American Petroleum Institute

51 ELR 20057
20-1636 (JRT/HB) (D. Minn., March 2021)

A district court granted a state's motion to remand to state court a climate change lawsuit against oil and gas companies. Minnesota sued the companies in state court under state common law and consumer protection statutes, arguing the companies developed a campaign to deceive the public about...

Climate Change (generally)

Public Employees for Environmental Responsibility v. National Park Service

51 ELR 20054
19-3629 (RC) (D.D.C., March 2021)

A district court denied the National Park Service's (NPS') motion to dismiss a challenge to its issuance of a policy memorandum concerning the use of electric-assisted bicycles (e-bikes) in national parks. Environmental groups argued the memorandum amended existing NPS regulations on bicycle use...

Mootness

Cook Inletkeeper v. Raimondo

51 ELR 20056
3:19-cv-00238-SLG (D. Alaska, March 2021)

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to incidental take regulations promulgated by NMFS that authorized certain oil and gas exploration and production activities in Cook Inlet. The groups argued that NMFS violated...

Incidental taking

Southern Appalachian Mountain Stewards v. Red River Coal Co., Inc.

51 ELR 20055
19-2194 (4th Cir., March 2021)

The Fourth Circuit affirmed summary judgment for a coal company in a lawsuit concerning the company's alleged mine pollution discharges that had been permitted under a CWA permit. Environmental groups argued the company violated SMCRA by discharging pollutants from point sources at its now-...

Permits, §506, National pollutant discharge elimination system (NPDES) permit program, 402

Humane Society International v. United States Fish and Wildlife Service

51 ELR 20053
16-720 (TJK) (D.D.C., March 2021)

A district court granted summary judgment for a nonprofit group in a lawsuit seeking FOIA disclosure of records maintained by FWS regarding the import and export of wildlife. The group challenged the Service's redaction of certain information pursuant to a FOIA exemption for trade secrets and...

Exemption No. 4

Flaherty v. Raimondo

51 ELR 20052
11-660 (TJK) (D.D.C., March 2021)

A district court denied an environmental group's motion for summary judgment in a challenge to NMFS' approval of an amendment to a fishery management plan (FMP) for an Atlantic herring fishery. The group argued NMFS violated the Magnuson-Stevens Act (MSA) by failing to designate river herring,...

Implementation of fishery management plans (FMPs), §305

Center for Biological Diversity v. United States Bureau of Land Management

51 ELR 20049
19-cv-02869 (D. Colo., March 2021)

A district court granted BLM's motion for voluntary remand in a challenge to the agency's resource management plan (RMP) and EIS for oil and gas leasing in western Colorado. Environmental groups argued that BLM violated NEPA by failing to take a hard look at indirect and cumulative combustion...

Cumulative impacts

National Audubon Society v. United States Army Corps of Engineers

51 ELR 20050
19-2151 (4th Cir., March 2021)

The Fourth Circuit affirmed summary judgment for the Army Corps of Engineers in a challenge to the Corps' issuance of a permit to construct a jetty to prevent beach erosion in North Carolina. An environmental group challenged the issuance of the permit on the ground that numerous analyses...

Clean Water Act (CWA)