Weekly Cases Update Volume 32, Issue 12

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 , Issue

ELR 20809Nos. 00-2139, 01-1683(3d Cir., )

The court holds that the Eleventh Amendment bars all but two claims brought by citizen groups in federal court against a state official accused of failing to implement, administer, enforce, and maintain a federally approved state coal mining program under the Surface Mining Control and Reclamatio

Keywords:
Held to bar suit, Court of appeals jurisdiction
ELR 20821No. IP 99-1962-C-M/S(S.D. Ind., )

The court holds that a gas and electric company violated the Clean Air Act (CAA) by failing to obtain a preconstruction permit before making modifications to its facility even though there were no actual increases in emissions of pollutants after the changes were made.

Keywords:
Preconstruction requirements, §165
ELR 2082401-4082(10th Cir., )

The court holds that two U.S. Forest Service land transactions with a ski resort complied with the National Environmental Policy Act (NEPA) and the National Forest Management Act (NFMA).

ELR 2082400-6055(10th Cir., )

The court affirms a district court's grant of summary judgment in favor of a wastewater treatment facility sued by landowners alleging that the facility allowed pollutants to be discharged onto their property in violation of the Clean Water Act.

ELR 2082401-5070 et al.(Fed. Cir., )

The court affirms a trial court summary judgment decision holding that the Food and Drug Administration's (FDA's) tobacco regulations did not effectuate a temporary regulatory taking of vending machine owners' property because the challenged regulations were never enforced.

ELR 20823270PA01(N.C., )

The court affirms an appellate court's holding that a county ordinance and health board rules attempting to regulate swine farming are preempted by state law, but reversed the appellate court's holding approving a zoning ordinance that required swine farm operators to obtain a permit th

ELR 20825C-01-01819(N.D. Cal., )

The court grants summary judgment in favor of the National Park Service (NPS) in a city's lawsuit alleging that NPS violated the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), the Coastal Zone Management Act (CZMA), and several other statutes in connection with i

ELR 20825Civ.A. 01-2441(E.D. La., )

The court dismisses Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Occcupational Safety and Health Administration Act (OSHA Act), and 42 U.S.C.

ELR 2082600 CIV.9700(JSR)(S.D.N.Y., )

ELR Digest

ELR 20767No. 01-5247(D.C. Cir., )

The D.C. Circuit held that the U.S.

Keywords:
Incidental taking

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