Weekly Cases Update Volume 41, Issue 9

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 41, Issue 19

ELR 2022008-764(D.D.C., )

A district court, in a 116-page opinion, upheld the FWS' final rule listing the polar bear as a threatened species under the ESA.

Keywords:
Threatened species listing, Polar bear
ELR 202252010-5084(Fed. Cir., )

The Federal Circuit upheld the dismissal of landowners' suit against the United States seeking compensation for the alleged taking of their riparian and upland property rights stemming from U.S. Army Corps of Engineers activities to control water levels in Lake Okeechobee.

Keywords:
Permanent physical takings
ELR 2022210-1050(D.C. Cir., )

The D.C.

Keywords:
Nuclear Waste
ELR 2022410-5280(D.C. Cir., )

The D.C. Circuit upheld the dismissal of a CAA citizen suit challenging EPA's failure to take action to prevent the construction of three proposed pollution-emitting facilities in Kentucky.

Keywords:
Citizen suits, §304, Preconstruction requirements, §165
ELR 202260-2008-CM-DJW, -2068-JTM-DWB(D. Kan., )

A district court dismissed an environmental group's claim that the U.S. Army Corps of Engineers violated NEPA, the CWA, and the APA by granting a CWA §404 permit to a railroad company without completing an EIS.

Keywords:
Railroads, Environmental impact statement (EIS)
ELR 2022110-00677(D. Haw., )

A district court, in an underlying NEPA suit, denied the Navy's request for a voluntary remand for further consideration of the future location of a firing range complex in Guam.

Keywords:
Civil Procedure, Navy, Department of the, National Environmental Policy Act (NEPA)

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