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Weekly Cases Update Volume 51, Issue 4

Environmental Defense Fund v. U.S. Environmental Protection Agency

51 ELR 20015
4:21-cv-03-BMM (D. Mont., January 2021)

A district court granted summary judgment for environmental groups in a challenge to EPA's decision to make its Regulatory Science rule effective immediately upon publication in the Federal Register. The groups argued EPA's decision violated the APA's 30-day notice requirement after publication...

Notice requirements, §552

Standing Rock Sioux Tribe v. United States Army Corps of Engineers

51 ELR 20014
20-5197 (D.C. Cir., January 2021)

The D.C. Circuit affirmed in part and reversed in part a lower court order vacating a Mineral Leasing Act easement issued by the Army Corps of Engineers for the Dakota Access Pipeline and directing the pipeline to be shut down. Native American tribes argued the Corps' issuance of the easement...

Held required for

Montana Environmental Information Center v. Bernhardt

51 ELR 20013
l:19-cv-00130-SPW-TJC (D. Mont., January 2021)

A district court denied a motion for preliminary injunction in a challenge to DOI's approval of a mine expansion in Montana. Conservation groups argued the Department's EIS failed to sufficiently consider the cumulative impacts of mining on local water resources, failed to consider a reasonable...

Denied

Red Wolf Coalition v. United States Fish and Wildlife Service

51 ELR 20012
2:20-CV-75-BO (E.D.N.C., January 2021)

A district court granted a motion to preliminarily enjoin FWS from implementing its policy barring the release of captive red wolves into a recovery area in North Carolina. Environmental groups argued FWS violated §7(a)(2) of the ESA by failing to ensure that its actions were not likely to...

Interagency consultation, §7(a)