Current ELR Update

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 34

51 ELR 20196
No(s). 16-1430 (D.C. Cir. Nov 12, 2021)

The D.C. Circuit granted a trade group's petition to review a 2016 rule issued by EPA and the National Highway Traffic Safety Administration that set greenhouse gas emissions and fuel efficiency standards for medium- and heavy-duty engines and vehicles.

Climate Change (generally)
51 ELR 20197
No(s). 17-5260 (D.C. Cir. Nov 16, 2021)

The D.C. Circuit dismissed as moot Alaska's challenge to the Forest Service's 2001 Roadless Rule.

National forests
51 ELR 20198
No(s). 21-1873 (1st Cir. Nov 16, 2021)

The First Circuit granted NOAA's motion to stay a district court order preliminarily enjoining the agency's partial seasonal closure of a Maine lobster fishery to protect endangered North Atlantic right whales.

51 ELR 20201
No(s). 20-422 (2d Cir. Nov 29, 2021)

The Second Circuit reversed in part and vacated in part a district court ruling that ordered EPA to disclose records pursuant to a FOIA request related to a former Agency official's role in pesticide policymaking.

Deliberative-process privilege
51 ELR 20199
No(s). 20-70272 and 20-70464 (9th Cir. Nov 18, 2021)

The Ninth Circuit, 2-1, denied a petition for review challenging FAA's decision that found no significant environmental impact stemming from construction and operation of an air cargo facility at the San Bernardino International Airport.

Environmental effects
51 ELR 20200
No(s). 143, Orig. (U.S. Nov 22, 2021)

The U.S. Supreme Court dismissed a lawsuit brought by Mississippi against Tennessee seeking damages for a Tennessee city's pumping of groundwater from the Middle Claiborne Aquifer.

Water (generally)