Litigation weekly – December 22 and 29, 2017

Litigation Weekly Dec 22

The Allegheny National Forest was not liable for trespass when it delayed the extraction of oil and gas by the subsurface rights owner.  (W.D. Pa.)

The 10th Circuit held that the BLM could not adequately represent the interest of environmental groups when defending an energy industry challenge to its Mineral Leasing Act policies.

(New case.)   Plaintiffs challenge the expansion of the West Elk Mine on the Grand Mesa, Uncompahgre and Gunnison National Forest into a designated roadless area, based on NEPA.  (D. Colo.)  (The request for a temporary restraining order was subsequently denied.)

(Notice of intent.)  Alleged violation of Clean Water Act discharge permits for mines on the Tahoe National Forest.

Litigation Weekly Dec 29

The Ouachita National Forest properly denied a special use permit to construct a road to private property surrounded by a wilderness area.  (E.D. Okla.)

(Update.)  Plaintiffs requested dismissal of their case against the denial of mineral leases by the Superior National Forest.  (D. Minn.)

(New case.)  This is a dispute about the process for contracting with an entity to operate a shuttle service on the Coronado National Forest for which the plaintiff is the previous contractor.  (D. D.C.)

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