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 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
ELR 2004520-364 GJF/GBW and 20-727 GJF/GBW(D.N.M., )

A magistrate judge dismissed a lawsuit concerning ownership of a grazing allotment in the Apache National Forest.

Keywords:
Statute of limitations
ELR 20059142, Orig.(U.S., )

The U.S.

Keywords:
Water (generally)
ELR 2004620-97(U.S., )

The U.S. Supreme Court denied certiorari in a lawsuit concerning President Barack Obama's 2016 proclamation of the Northeast Canyons and Seamounts National Marine Monument off the New England coast. Commercial fishing groups had petitioned the Court to overturn the D.C.

Keywords:
Water (generally)
ELR 2004420-5074(D.C. Cir., )

The D.C. Circuit affirmed dismissal of a lawsuit concerning reserved water rights in the Klamath River Basin. Ranchers sued to prevent Native American tribes from exercising reserved water rights in the basin that interfered with the ranchers' ability to irrigate their land.

Keywords:
Water
ELR 2005119-1066(D.C. Cir., )

The D.C.

Keywords:
Biological opinion, §7(b)
ELR 2005818-2188(2d Cir., )

The Second Circuit affirmed dismissal of a lawsuit seeking damages from oil companies for harms caused by climate change. New York City sued the companies under state tort law to recover damages caused by the companies' legal commercial conduct in producing and selling fossil fuels.

Keywords:
Climate Change (generally)
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