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Weekly Cases Update Volume 51, Issue 5

Biden v. Sierra Club

ELR 20019
20-138 (U.S., February 2021)

The U.S. Supreme Court granted the Biden Administration's request to cancel arguments and suspend further proceedings in a lawsuit concerning the Trump Administration's plans to build a border wall along the U.S.-Mexico border.

Environmental Law and Policy/Governance

Sovereign Iñupiat for a Living Arctic v. Bureau of Land Management

ELR 20018
3:20-cv-00290-SLG and 3:20-cv-00308-SLG (D. Alaska, February 2021)

A district court denied environmental groups' motions to enjoin an oil company from undertaking construction this winter on an oil and gas project in the National Petroleum Reserve-Alaska. One group argued BLM violated the ESA by inappropriately relying on uncertain Marine Mammal Protection Act...

Denied, Federal actions, §7

Sierra Club v. Environmental Protection Agency

ELR 20017
15-1465 (D.C. Cir., January 2021)

The D.C. Circuit vacated three provisions of EPA's 2018 rule implementing NAAQS for ozone. Environmental groups challenged four provisions of the rule: the interprecursor trading program, a provision allowing states to demonstrate compliance with the CAA's "reasonable further progress" milestone...

National ambient air quality standards (NAAQS), §109

United States v. Walker River Irrigation District

ELR 20016
15-16342 (9th Cir., January 2021)

The Ninth Circuit affirmed in part and vacated in part a district court's dismissal of a county's complaint in long-standing litigation over appropriation of water in the Walker River Basin. The county argued the public interest and maintenance of the public trust required that water flows reach...

Water allocation under state law