Weekly Cases Update Volume 50, Issue 5

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 8

ELR 200522:19-cv-323(E.D. Va., )

A district court denied summary judgment to an environmental group challenging the U.S. Army Corp of Engineers' issuance of a CWA §404 permit for development of an additional portion of an existing residential subdivision in Virginia Beach.

Keywords:
Permit issuance
ELR 200543:18-cv-00115(W.D. Va., )

A district court granted a pipeline company's motion for partial summary judgment in a lawsuit concerning a Virginia county board's denial of the company's request to traverse floodplains to construct an interstate natural gas pipeline.

Keywords:
Preemption
ELR 20056A18-0090(Minn., )

Minnesota's high court upheld an appellate court ruling in favor of a county's zoning ordinance that bans all industrial-mineral mining, including silica-sand mining.

Keywords:
Commerce Clause
ELR 2005818-1173(D.C. Cir., )

The D.C. Circuit dismissed as untimely Maryland's petition to review the Federal Aviation Administration's (FAA's) approval of new flight paths to Washington National Airport.

Keywords:
Courts
ELR 2005119-1644(4th Cir., )

The Fourth Circuit upheld a district court order that remanded to state court the city of Baltimore's climate change case against oil companies.

Keywords:
Removal jurisdiction
ELR 2005318-1374(10th Cir., )

The Tenth Circuit held that the Forest Service's decision to eliminate an alternative from its study of an exception to the Colorado Roadless Rule that allowed coal mining on previously protected national forest land near the North Fork of the Gunnison River was arbitrary and capricious.

Keywords:
Alternatives
ELR 200571:19-cv-00006-SLG(D. Alaska, )

A district court held that the Forest Service violated NEPA, the Alaska National Interest Lands Conservation Act (ANILCA), and the National Forest Management Act (NFMA) when it authorized timber harvesting in the Tongass National Forest.

Keywords:
Discussion of, held inadequate
ELR 200592:19-cv-02142 WBS EFB(E.D. Cal., )

A district court denied summary judgment to the U.S. government in a lawsuit concerning California's cap-and-trade agreement with Quebec. The government argued the agreement violated the Treaty Clause of the U.S.

Keywords:
Constitutional Law
ELR 20055CV 19-12-M-DWM(D. Mont., )

A district court vacated an EA prepared by OSM for a coal mine expansion in south-central Montana. Environmental groups argued that OSM violated NEPA by failing to adequately consider the risk of train derailments from the increased rail traffic that would result.

Keywords:
Discussion of, held inadequate