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Weekly Cases Update Volume 51, Issue 11

Ksanka Kupaqa Xa’ⱡȼin v. United States Fish and Wildlife Service

51 ELR 20065
19-20-M-DWM (D. Mont., April 2021)

A district court vacated and remanded FWS' and the Forest Service's approval of the first phase of a proposed copper and silver mine beneath the Cabinet Mountains Wilderness. Tribal and environmental groups argued the agencies violated the ESA by failing to reinitiate consultation on the mine's...

Interagency consultation, §7(a)

Sierra Club v. BP Products North America Inc.

51 ELR 20064
2:19-CV-337-PPS-JEM (N.D. Ind., April 2021)

A district court adopted a magistrate judge's recommendation and granted an environmental group's motion for partial summary judgment in a lawsuit concerning particulate matter emissions violations at an oil refinery in Indiana. The group brought a citizen suit under the CAA, arguing that the...

Operating permits,§§501-507

Martinez v. Chicago, City of

51 ELR 20066
20-cv-6252 (N.D. Ill., April 2021)

A district court denied plaintiffs' motion to preliminarily enjoin the city of Chicago from issuing any permits or approvals in connection with the relocation of a recycling facility from the north side to the southeast side of the city. Plaintiffs argued the city's relocation of the facility...

Title VI

Natural Resources Defense Council v. McCarthy

51 ELR 20063
20-4064 (10th Cir., April 2021)

The Tenth Circuit affirmed dismissal of a challenge to BLM's decision not to conduct an environmental analysis before re-opening an area in Utah that it had temporarily closed to off-highway vehicles (OHVs). Environmental groups argued that BLM violated NEPA by failing to analyze the...

Held not required for

California v. Environmental Protection Agency

51 ELR 20062
21-1035 (D.C. Cir., April 2021)

The D.C. Circuit granted the Biden Administration's motion to voluntarily vacate and remand the Trump Administration's 2021 rule limiting facilities that the U.S. government could regulate for greenhouse gas emissions.

Climate Change (generally)

Environmental Defense Fund v. Environmental Protection Agency

51 ELR 20061
19-1222 (D.C. Cir., April 2021)

The D.C. Circuit granted the Biden Administration's motion to voluntarily vacate and remand the Trump Administration's 2019 rule delaying implementation of an Obama-era regulation governing landfill emissions.

Climate Change (generally)

Center for Biological Diversity v. Haaland

51 ELR 20060
CV-18-00404-TUC-JGZ (D. Ariz., March 2021)

A district court granted an environmental group's motion for summary judgment in a challenge to FWS' withdrawal of a rule proposed in 2015 to list the Lower Colorado River (LCR) Basin roundtail chub as a threatened species. The group argued that FWS' withdrawal of the rule rested entirely on the...

Threatened species listing