Weekly Cases Update Volume 51, Issue 7

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 51, Issue 15

ELR 2008619-1189(U.S., )

The U.S. Supreme Court held, 7-1, that an appellate court erred in concluding it lacked jurisdiction to consider all of energy companies' grounds for removing to federal court a climate liability lawsuit brought against them.

Keywords:
Climate Change (generally)
ELR 2008320-2195(1st Cir., )

The First Circuit affirmed a district court's denial of a preliminary injunction in a challenge to the Army Corps of Engineers' decision to authorize construction of a segment of an electric transmission line project in Maine.

Keywords:
Discussion of, held adequate
ELR 2009019-35528(9th Cir., )

In an unpublished opinion, the Ninth Circuit affirmed summary judgment for the Forest Service in a lawsuit concerning domestic sheep grazing in the Beaverhead-Deerlodge National Forest.

Keywords:
National forests
ELR 2008519-71930(9th Cir., )

The Ninth Circuit remanded, 2-1, a rule EPA promulgated in 2019 in response to the court's 2017 writ of mandamus directing the Agency to respond to the need for updated lead-based paint hazard standards.

Keywords:
Toxic Substances Control Act (TSCA)
ELR 2008920-35318(9th Cir., )

The Ninth Circuit reversed summary judgment for FWS in a challenge to the Service's rule requiring that affected states receive a 30-day notice of intent to file a petition to list an endangered species.

Keywords:
Endangered Species Act (ESA)
ELR 200872:13-cv-00934-JAM-DB(E.D. Cal., )

A district court granted summary judgment for the Forest Service and FWS in an ongoing dispute over a tree-thinning project in Shasta-Trinity National Forest.

Keywords:
Discussion of, held adequate
ELR 200841:18-cv-01463 (TNM), 1:18-cv-01496 (TNM), and 1:18-cv-01499 (TNM)(D.D.C., )

A district court denied environmental groups' motion to reconsider its prior decision in a lawsuit concerning DOI's renewal of mining leases for a proposed copper-nickel mine in northeastern Minnesota.

Keywords:
Mining
ELR 200885:17-292-DCR(E.D. Ky., )

A district court granted summary judgment for a utility company in a lawsuit concerning groundwater discharges from coal ash ponds at its power plant in Kentucky.

Keywords:
Imminent and substantial endangerment, §7002(a)(1)(B)

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