Weekly Cases Update Volume 49, Issue 10

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 49, Issue 22

ELR 2012618-395 WES(D.R.I., )

A district court granted Rhode Island's motion to remand to state court a challenge against energy companies for contributing to climate change.

Keywords:
Climate Change (generally)
ELR 2013119A60(U.S., )

The U.S. Supreme Court granted the Trump Administration's request to stay a district court order enjoining the use of military funds to build portions of a border wall along the Mexican border.

Keywords:
President
ELR 2012717-17320(9th Cir., )

The Ninth Circuit upheld dismissal of a lawsuit challenging a set of agency decisions that reauthorized coal mining activities on lands reserved to the Navajo Nation.

Keywords:
Joinder/Necessary parties, FRCP 19
ELR 20130CV-17-00475-TUC-JAS (L), CV-17-00576-TUC-JAS (C), and CV-18-00189-TUC-JAS (C)(D. Ariz., )

A district court vacated the the U.S. Forest Service's approval of an open-pit copper mining operation in the Coronado National Forest that included the dumping of approximately 1.9 billion tons of mine waste across over 2,000 acres of the forest.

Keywords:
Mining Law of 1872
ELR 2012818CA1148(Colo. App., )

A state appellate court reversed a judgment upholding the Colorado Mined Land Reclamation Board's order granting a uranium mining company's request for approval of a second period of temporary cessation.

Keywords:
Mining
ELR 2012346(Or., )

The Oregon Supreme Court upheld the Department of Environmental Quality's issuance of a permit for the discharge of certain pollutants resulting from suction dredge mining.

Keywords:
Permit issuance
ELR 2012418-2090(4th Cir., )

The Fourth Circuit vacated a biological opinion and incidental take statement issued by FWS in connection with a proposed natural gas pipeline that would run from West Virginia to North Carolina.

Keywords:
Incidental taking
ELR 2012518-CV-4596 (VEC), 18-CV-4601 (VEC), and 18-CV-8084(S.D.N.Y., )

A district court granted in part and denied in part DOI's motion to dismiss a challenge to its 2017 interpretation of the Migratory Bird Treaty Act that permitted the "incidental" taking of migratory birds.

Keywords:
Migratory Bird Treaty Act (MBTA)