motion denied

Diné Citizens Against Ruining Our Env't v. Jewell

Full Case Name
DINÉ CITIZENS AGAINST RUINING OUR ENVIRONMENT; San Juan Citizens Alliance; WildEarth Guardians; and Natural Resources Defense Council, Plaintiffs, v. Sally JEWELL, in her official capacity as Secretary of the United States Department of the Interior; United States Bureau of Land Management, an agency within the United States Department of the Interior; and Neil Kornze, in his official capacity as Director of the United States Bureau of Land Management, Defendants, and WPX Energy Production, LLC; Encana Oil & Gas (USA) Inc.; BP America Company; ConocoPhillips Company; Burlington Resources Oil & Gas Company LP; American Petroleum Institute; and Anschutz Exploration Corporation, Intervenor-Defendants.
Description

Environmental activists brought action against the federal government challenging Bureau of Land Management's approval of applications for drill permits in the San Juan Basin as in violation of the National Environmental Policy Act (NEPA) and National Historic Preservation Act (NHPA). Court held BLM's approval of applications did not violate NEPA nor NHPA, and dismissed the case.

Cite
312 F. Supp. 3d 1031
Date
04-23-2018
Court
United States District Court for the District of New Mexico
Jurisdiction
United States
URL
https://www.courtlistener.com/opinion/7330379/dine-citizens-against-ruining-our…
Plaintiffs
Indigenous
Non-governmental organization
Defendants
Other Governmental Entity
Incident Location
San Juan County, NM; McKinley County, NM
Disputed Act

Environmental activists brought action against federal government challenging the Bureau of Land Management (BLM) approval of applications for permit to drill in the San Juan Basin, alleging that BLM violated the National Environmental Policy Act (NEPA) by failing to analyze indirect effects of fracking on Chaco Park, a National Historic site, including light pollution from nighttime drilling activity.

Holding
The Court found that the Board of Land Management's approval of applications for drilling permits did not violate the National Environmental Policy Act and failure to consider effects of gas and oil wells in Chaco Park and satellites did not violate the National Historic Preservation Act.
Disposition
dismissed
motion denied
general illumination
artificial light
construction lighting

Tiongco v. Southwestern Energy Production Co.

Full Case Name
Stephanie TIONGCO, Plaintiff, v. SOUTHWESTERN ENERGY PRODUCTION COMPANY, Defendant
Description

Plaintiff filed a private nuisance suit against defendant company, alleging its drilling and gas exploration activities caused light pollution and noise which interfered with the use and enjoyment of her private property. The Court denied defendant’s Motion for Summary Judgment with respect to plaintiffs intentional private nuisance claim because it found there were genuine issues of material fact as to whether its activities constituted a private nuisance.

Cite
214 F. Supp. 3d 279
Date
10-14-2016
Court
United States District Court for the Middle District of Pennsylvania
Jurisdiction
United States
URL
https://www.courtlistener.com/opinion/7322301/tiongco-v-southwestern-energy-pro…
Plaintiffs
individual
Defendants
Company
Incident Location
Susquehanna County, PA
Disputed Act

Plaintiff filed a suit against defendant company, alleging its drilling and gas exploration activities constituted a private nuisance because it interfered with the use and enjoyment of her private property. Part of plaintiff's nuisance claim is about construction lights placed near her home, which she testified at trial ran twenty-four hours a day and prevented her from sleeping.

Holding
The Court denied defendant’s Motion for Summary Judgment with respect to plaintiffs intentional private nuisance claim because it found there were genuine issues of material fact as to whether its activities constituted a private nuisance.
Disposition
motion denied
construction lighting
light trespass
artificial light at night
residential neighborhood
Subscribe to motion denied