Weekly Cases Update Volume 51, Issue 6

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 51, Issue 10

ELR 2004719-1610-ag (L) and 19-1618-ag (Con)(2d Cir., )

The Second Circuit denied a petition to review two FERC orders that determined the New York State Department of Environmental Conservation (NYDEC) had waived its authority under §401 of the CWA to issue or deny a water quality certification for a natural gas pipeline project.

Keywords:
State certification, §401
ELR 2005019-2151(4th Cir., )

The Fourth Circuit affirmed summary judgment for the Army Corps of Engineers in a challenge to the Corps' issuance of a permit to construct a jetty to prevent beach erosion in North Carolina.

Keywords:
Clean Water Act (CWA)
ELR 2005519-2194(4th Cir., )

The Fourth Circuit affirmed summary judgment for a coal company in a lawsuit concerning the company's alleged mine pollution discharges that had been permitted under a CWA permit.

Keywords:
Permits, §506, National pollutant discharge elimination system (NPDES) permit program, 402
ELR 200563:19-cv-00238-SLG(D. Alaska, )

A district court granted in part and denied in part environmental groups' motion for summary judgment in a challenge to incidental take regulations promulgated by NMFS that authorized certain oil and gas exploration and production activities in Cook Inlet.

Keywords:
Incidental taking
ELR 2004919-cv-02869(D. Colo., )

A district court granted BLM's motion for voluntary remand in a challenge to the agency's resource management plan (RMP) and EIS for oil and gas leasing in western Colorado.

Keywords:
Cumulative impacts
ELR 2005211-660 (TJK)(D.D.C., )

A district court denied an environmental group's motion for summary judgment in a challenge to NMFS' approval of an amendment to a fishery management plan (FMP) for an Atlantic herring fishery.

Keywords:
Implementation of fishery management plans (FMPs), §305
ELR 2005316-720 (TJK)(D.D.C., )

A district court granted summary judgment for a nonprofit group in a lawsuit seeking FOIA disclosure of records maintained by FWS regarding the import and export of wildlife.

Keywords:
Exemption No. 4
ELR 2005419-3629 (RC)(D.D.C., )

A district court denied the National Park Service's (NPS') motion to dismiss a challenge to its issuance of a policy memorandum concerning the use of electric-assisted bicycles (e-bikes) in national parks.

Keywords:
Mootness
ELR 2005720-1636 (JRT/HB)(D. Minn., )

A district court granted a state's motion to remand to state court a climate change lawsuit against oil and gas companies.

Keywords:
Climate Change (generally)
ELR 200482:20-cv-00028-BU-BMM(D. Mont., )

A district court denied a motion for preliminary injunction in a lawsuit concerning irrigation of a golf course in Big Sky, Montana.

Keywords:
National pollutant discharge elimination system (NPDES) permit program, 402

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