Weekly Cases Update Volume 50, Issue 12

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 50, Issue 30

ELR 2023219-5052(D.C. Cir., )

The D.C. Circuit affirmed in part and reversed in part a lower court's dismissal of a conservation group's suit to block the Department of Homeland Security (DHS) from constructing a border wall near the National Butterfly Center in southern Texas.

Due Process Clause
ELR 2023419-17501(9th Cir., )

The Ninth Circuit affirmed, 2-1, a ruling in a lawsuit concerning the Trump Administration's use of military construction funds to build portions of a border wall along the U.S.-Mexico border.

ELR 2023518-15585(9th Cir., )

The Ninth Circuit affirmed a lower court ruling in a lawsuit concerning the U.S. government's and California's recovery of cleanup costs from a hazardous waste spill in the Sierra Nevada foothills that released toxic amounts of arsenic into local groundwater.

Liability, Ā§107
ELR 202273:18-cv-1446-LCB(N.D. Ala., )

A district court dismissed for lack of standing a challenge to the Tennessee Valley Authority's (TVA's) rate change for customers in its seven-state service area.

Environmental assessment (EA)
ELR 20228C 19-05941 WHA(N.D. Cal., )

A district court vacated EPA's 2019 determination that found no jurisdictional waters under the CWA at a salt production complex bordering the southwestern San Francisco Bay.

Clean Water Act (CWA)
ELR 2023008-1881 (PLF)(D.D.C., )

A district court remanded to NMFS for a third time in a decades-long lawsuit concerning the Service's incidental take statement (ITS) assessing the impact of dredge fishing on loggerhead sea turtles in the Atlantic.

Incidental taking
ELR 202374:20-cv-00317-SEP(E.D. Mo., )

A district court granted the Federal Trade Commission's (FTC's) motion to preliminarily enjoin a proposed joint venture between the United States' two largest coal producers.

ELR 20233CIV 18-1138 JB\JFR(D.N.M., )

A district court dismissed a challenge to FWS' designation of critical habitat for the New Mexico meadow jumping mouse.

Critical habitat designation
ELR 202361:20-CV-00374(E.D. Tex., )

A district court denied a steel mill owner's motion to preliminarily enjoin construction of a gas pipeline in Texas. The owner argued that the Army Corps of Engineers authorized the construction in violation of the CWA, the ESA, and NEPA.

Natural Resources (generally)
ELR 202292:20-CV-147-RMP(E.D. Wash., )

A district court denied mine owners' motion to dismiss a lawsuit alleging they were in violation of their NPDES permit.