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Weekly Cases Update Volume 51, Issue 28

Adorers of the Blood of Christ v. Transcontinental Gas Pipe Line Co., LLC

51 ELR 20181
20-5627 (E.D. Pa., September 2021)

A district court dismissed a lawsuit brought by Catholic nuns seeking monetary damages for property taken by the Atlantic Sunrise natural gas pipeline. The nuns argued that construction and operation of the pipeline through land they owned would violate their free exercise of religion protected...

Environmental Law and Policy/Governance

California River Watch v. Vacaville, City of

51 ELR 20180
20-16605 (9th Cir., September 2021)

The Ninth Circuit, 2-1, vacated summary judgment for a California city in a RCRA citizen suit brought by an environmental group. The group had argued the city's water wells were contaminated by hexavalent chromium that was in turn transported to city residents through its water distribution...

Citizen suits, §7002

Rocky Mountain Wild v. Haaland

51 ELR 20179
18-cv-02468-MSK (D. Colo., September 2021)

A district court held that BLM's 2018 decision to auction oil and gas leases on federally owned land in Colorado violated NEPA. Environmental groups argued the decision had failed to consider more accurate air monitoring data and modeling that became available after the 2017 EA on which it...

Discussion of, held inadequate

Navajo Nation v. Regan

51 ELR 20182
20-CV-602-MV/GJF (D.N.M., September 2021)

A district court granted EPA and the Army Corps of Engineers' motion to voluntarily remand the Navigable Waters Protection Rule, and granted the Navajo Nation's request that remand include vacatur. The court found the agencies' own findings demonstrated that "allowing the Rule to remain in place...

Navigable Waters