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 3
The Fifth Circuit held that the U.S. Army Corps of Engineers had not waived its sovereign immunity from Louisiana's lawsuit alleging that the Corps failed to maintain the Gulf Intracoastal Waterway within authorized parameters under the River and Harbor Improvements Act (RHIA).
The Fifth Circuit vacated FWS' 2016 decision denying a petition to delist the golden-cheeked warbler, which was listed as an endangered species under the ESA in 1990. Texas' General Land Office argued that the decision violated NEPA because the Service failed to prepare an EIS.
The Ninth Circuit reversed a district court ruling that a group of youths had standing to sue the U.S. government for allegedly failing to act on climate change and violating their right to a safe climate.
The Tenth Circuit held that the U.S. Army Corps of Engineers was not required to consult with FWS about alternative water management policies in the Rio Grande River that would help protect the endangered southwestern willow flycatcher and the Rio Grande silvery minnow.
A district court denied a request to invalidate BLM's approval of exploratory drilling in the National Petroleum Reserve-Alaska (NPR-A).
A district court granted the U.S. Navy's motion to dismiss a lawsuit concerning the release of perfluorochemicals from naval facilities in eastern Pennsylvania.
In an advisory opinion to Florida's attorney general, the Florida high court concluded that a proposed initiative to amend the Florida Constitution to restructure the state's electricity markets should not be placed on the ballot.
The Pennsylvania Supreme Court vacated a lower court ruling that found an energy developer trespassed on neighboring landowners' property by extracting natural gas from their property by way of hydraulic fracturing without permission.
The Washington Supreme Court invalidated a rule promulgated by the state's Department of Ecology authorizing regulation via emission standards of businesses that do not directly emit greenhouse gases (GHGs), but whose products do.
A state appellate court reversed the Minnesota Department of Natural Resources' decisions to deny petitions for a contested-case hearing and issue mine and dam safety permits for a proposed copper-nickel-platinum mine in northeastern Minnesota.