17 results for 'cat:"Environment" AND cat:"Injunction"'.
J. Ede reverses the district court's grant of an injunction to opponents of the Minneapolis 2040 plan in their Minnesota Environmental Rights Act suit against the city challenging the plan's implementation. The district court abused its discretion in ordering injunctive relief, namely a reversion to the city's 2030 plan, that was unsupported by evidence in the record, was based on legal error, and imposed an unnecessary hardship on the city. Reversed.
Court: Minnesota Court Of Appeals, Judge: Ede, Filed On: May 13, 2024, Case #: A23-1382, Categories: environment, Municipal Law, injunction
J. Morris denies a motion for a preliminary injunction against the owner of a golf course after an environmental group claimed there were ponds on the course that were being improperly filled with reclaimed water, among other claims of improper water usage. The group is not likely to succeed on the merits of its case, largely due to the fact that it has not been able to show that the ponds constitute "point sources" that discharge pollutants. Without any more specifics that would bolster the case, the group has not met the high bar of justifying a preliminary injunction.
Court: USDC Montana, Judge: Morris, Filed On: March 6, 2024, Case #: 2:23cv26, NOS: Environmental Matters - Other Suits, Categories: environment, Water, injunction
J. Sargus grants the mineral rights owner's motion for a preliminary injunction, ruling its offer of $100,000 to the surface rights owner and plan to drill horizontally into neighboring properties gives the surface owner due regard for its intended use of the land as a deer hunting reserve. Therefore, the $100,000 will be paid and the mineral rights owner will be allowed to begin development of the proposed wells.
Court: USDC Southern District of Ohio, Judge: Sargus, Filed On: February 23, 2024, Case #: 2:23cv4232, NOS: All Other Real Property - Real Property, Categories: environment, Property, injunction
J. Wozniak finds that the trial court properly dismissed this constitutional challenge in favor of Beachline and the Secretary of Florida Department of Environmental Protection brought by Waters of Orange County for an injunction. The waters argue for reversal of the order but there is no cause of action under the charter provision. “If political subdivisions were able to continue actions to enforce ordinances that conflict with general law, the political subdivisions would have the power to frustrate the ability of the Legislature to set policies for the state.” Affirmed.
Court: Florida Courts Of Appeal, Judge: Wozniak, Filed On: January 19, 2024, Case #: 6D23-1412, Categories: Constitution, environment, injunction
J. Molloy grants in part a preliminary injunction against Montana's regulations that allow for wolf trapping and snaring in occupied grizzly habitats. The regulations, which would have allowed for wolf trapping to start as early as the first Monday after Thanksgiving, are likely to cause incidents where protected grizzly bears could be snared by traps intended for wolves. Wolf trapping and snaring is enjoined in several major areas in the state as a result, except for during the winter time periods were it is likely most of the bears will be in their dens.
Court: USDC Montana, Judge: Molloy, Filed On: November 21, 2023, Case #: 9:23cv101, NOS: Environmental Matters - Other Suits, Categories: environment, injunction
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J. Wormuth denies the environmental groups' petition for an injunction, ruling such a decision will have no real-world effect on the habitat of the New Mexico meadow jumping mouse. Grazing in its habitat has concluded for the 2023 calendar year and will not resume until a new biological opinion has been released by the National Fish and Wildlife Service; therefore, the claims are moot.
Court: USDC New Mexico, Judge: Wormuth, Filed On: November 17, 2023, Case #: 2:21cv733, NOS: Environmental Matters - Other Suits, Categories: environment, injunction
J. Clement dismisses the intervening environmental organizations' challenge to the district court's preliminary injunction, which prevents the Bureau of Ocean Energy and Management's removal of six million acres from an oil and gas lease sale, as well as its imposition of new limits on vessels over concerns of a survival risk to the endangered Rice’s whale. The intervenors have failed to show an injury is impending or likely to be redressed by a favorable decision by the Fifth Circuit.
Court: 5th Circuit, Judge: Clement , Filed On: November 14, 2023, Case #: 23-30666, Categories: Energy, environment, injunction
J. Corley denies a request for a preliminary injunction against the federal government regarding claims from a biologist that flood releases from the Coyote Valley Dam into the Russian River are harming local populations of salmon. The biologist has not only shown failed to show how serious harm will befall the local salmon if the flood releases continue, but has also put forward an injunction request that is unreasonable for the government to work around and is unlikely to fix any of the alleged issues stemming from the dam's operations.
Court: USDC Northern District of California, Judge: Corley, Filed On: October 23, 2023, Case #: 3:22cv6143, NOS: Environmental Matters - Other Suits, Categories: environment, Agency, injunction
J. Renner finds the trial court properly granted summary judgment in favor of the California Department of Water Resources in this suit seeking civil penalties and injunctive relief for the department’s release of water from Lake Oroville down the dam’s spillways. A cited statute authorizes penalties against any person who has deposited harmful materials into California waters. There is no triable issue of fact, as the context of the water release was a declared emergency from flooding. Affirmed.
Court: California Courts Of Appeal, Judge: Renner, Filed On: October 5, 2023, Case #: C093600, Categories: environment, Water, injunction
J. Zipps denies eight environmental groups' motion for a preliminary injunction to halt two exploratory mining projects, claiming that the projects violate the National Environmental Policy Act. The U.S. Forest Service presented sufficient evidence in court that the projects are not a detriment to the safety of the yellow- billed cuckoo population, and that the breeding areas are more than one- half a mile away from the sites.
Court: USDC Arizona, Judge: Zipps, Filed On: September 5, 2023, Case #: 4:23cv280, NOS: Environmental Matters - Other Suits, Categories: environment, injunction
J. Rice issues an injunction against the wholesaler, which arises from the government's claim that the wholesaler transferred TMA, a regulated substance, from railcars to trucks without conducting a hazard assessment, conducting training, or compiling safety information. Among other stipulations, the wholesaler must submit a complete compilation of process safety information, including information pertaining to hazards, to the U.S. Environmental Protection Agency.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: August 1, 2023, Case #: 2:21cv262, NOS: Environmental Matters - Other Suits, Categories: environment, Agency, injunction