Weekly Cases Update Volume 50, Issue 8

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 16

ELR 20122CV-17-30-GF-BMM(D. Mont., )

A district court denied a request to vacate the Trump Administration's decision to lift the Obama Administration's moratorium on new coal leasing on public lands.

Keywords:
Environmental assessment (EA)
ELR 20130CV-18-69-GF-BMM(D. Mont., )

A district court vacated BLM's 2018 instruction memorandum (IM) and oil and gas lease sales in Montana and Wyoming issued in reliance on the IM for failing to maintain federal protections for the greater sage-grouse.

Keywords:
Federal Land Policy and Management Act (FLPMA)
ELR 2012118-1285(D.C. Cir., )

The D.C. Circuit granted in part and denied in part Delaware's and Maryland's challenges to EPA's denial of their CAA §126(b) petitions requesting that the Agency impose additional limitations on certain upwind sources contributing to the states' nonattainment of ozone NAAQS.

Keywords:
Interstate pollution abatement, §126
ELR 2012719-1425, 19-1472, 19-1477, and 19-1533(6th Cir., )

The Sixth Circuit affirmed a district court ruling that denied city and state officials' motions to dismiss residents' bodily integrity claim stemming from the water contamination crisis in Flint, Michigan.

Keywords:
Qualified immunity, Sovereign immunity
ELR 2012418-16663(9th Cir., )

The Ninth Circuit vacated and remanded a district court ruling denying San Francisco's and Oakland's motion to remand to state court a lawsuit alleging that oil companies make and sell products that create a public nuisance—sea-level rise—when combusted.

Keywords:
Climate Change (generally)
ELR 2012518-15499, 18-15502, 18-15503, and 18-16376(9th Cir., )

The Ninth Circuit affirmed in part a district court ruling granting California counties' and cities' motions to remand to state court a lawsuit against oil companies alleging nuisance and other causes of action arising from the role of fossil fuel products in global warming.

Keywords:
Climate Change (generally)
ELR 2012318-16105 and 18-16141(9th Cir., )

The Ninth Circuit upheld a district court ruling that Oakland, California breached its contract with a company to develop a commercial rail-to-ship terminal on a former U.S. Army base near the San Francisco Bay.

Keywords:
Breach

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