August litigation monthly

I’ll try to keep up weekly, but will deal with the backlog in a couple of chunks.  I plan to just summarize the Forest Service summaries here (to minimize space and work and chance for misrepresenting them).  If you want the original summary or the supporting documents, click on the links.  If I have an opinion, I’ll keep it separate.  Jon

Litigation Weekly Aug 4

• BCA v Jiron   The Medicine Bow forest plan meets viability requirements for bighorn sheep. (D. Wyoming)  Discussed further here.

Litigation Weekly Aug 11 

• AWHPC v Perdue  The Modoc failed to explain a change in acreage in its plan for the Devil’s Garden Wild Horse Territory. (D. C. Circuit)
• Rosemont CWA NOI  Alleged Clean Water Act violation by the Coronado for its plan for the Rosemont copper project.  More here.

Litigation Weekly Aug 18

• CBD v Eli Ilano  Designation of lands as at-risk under the Farm Bill did not require NEPA.  The use of the Farm Bill’s categorical exclusion was upheld on the Sunny South Insect Treatment Project on the Tahoe with respect to spotted owls.  (E.D. California)
• CNSP v. USFS  New case.  A permitee challenged denial of proposed electronic site construction on the Santa Fe.
• ESA NOI  Alleged ESA violations involving grizzly bears and lynx by the Helena-Lewis & Clark for the Moose Creek vegetation project.

Litigation Weekly Aug 25

• Sierra Club v DOE  The Department of Energy properly granted a liquid natural gas export permit without considering indirect effects of gas production that were not reasonably foreseeable. (D. C. Circuit)
• Mont Env Info Ctr v OSM The Office of Surface Mining failed to adequately consider the effects of coal transportation and combustion and greenhouse gas emissions when it approved an application to expand coal mining.  (D. Montana)
• Sierra Club v. FERC_ 2017 U.S. App. LEXIS 15911  The Federal Energy Regulatory Commission EIS for the Southeast Market Pipeline project did not contain enough information about the greenhouse gas emissions that would result from burning the gas.  (D. C. Circuit)  (Requires Lexis subscription)