Weekly Cases Update Volume 32, Issue 7

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 20516No. 99-2047(U.S., )

The court reverses the Rhode Island Supreme Court's holding that a landowner's takings claim arising from the state coastal protection agency's denial of the landowner's permit to develop coastal wetlands was not ripe, but affirms the court's holding that the landowner failed to establish a depri

Keywords:
Challenges held unripe
ELR 2053700-149-B-C(D. Me., )

The court holds that a salmon farmer is liable under the Clean Water Act (CWA) for discharging pollutants without a national pollution discharge elimination system (NPDES) permit in Machias and Pleasant Bays off the coast of Maine.

ELR 20532No. 70294-2(Wash., )

The court affirms in part and reverses in part an appellate court decision holding that the Washington Department of Labor and Industries violated a statutory duty to promulgate a rule requiring mandatory blood testing for agricultural pesticide handlers.

Keywords:
Pesticides
ELR 2053500-150-B-C(D. Me., )

The court holds that individuals who are members of an environmental group have standing to bring a Clean Water Act (CWA) citizen suit against a salmon farmer for the illegal discharge of pollutants into water.

ELR 20532Nos. 00-35717, -35853(9th Cir., )

The court affirms in part and reverses in part a district court decision upholding National Marine Fisheries Service (NMFS) regulations providing a Native American tribe an allocation of the Pacific whiting fishery.

Keywords:
Treaty fishing rights, Native American Fishing rights
ELR 2053500-151-B-C(D. Me., )

The court holds that a salmon farmer is liable under the Clean Water Act (CWA) for discharging pollutants without a national pollution discharge elimination system (NPDES) permit in Machias and Pleasant Bays off the coast of Maine.

ELR 20534Nos. 99-1351 et al.(10th Cir., )

The court affirms in part and remands in part a district court decision in a suit brought under the False Claims Act (FCA) by an individual and joined in by the U.S.

Keywords:
False Claims Act (FCA)
ELR 20535No. 2:01CV217K(D. Utah, )

The court holds that the U.S.

Keywords:
Manti-La Sal Forest, Timber sales
ELR 20533No. C030874(Cal. Ct. App., )

The court holds that res judicata bars a manufacturer's declaratory relief action seeking a declaration that insurers must indemnify the manufacturer for claims brought against it for harm caused by the discharge of chemicals to groundwater at a California site.

Keywords:
Held to bar suit, Insurance law
ELR 20534No. CIV.A.00-2453(JR)(D.D.C., )

The court holds that although it has jurisdiction to hear an individual's claim for damages against a city for disrupting his construction project, the individual's due process rights were not violated.

Keywords:
Is not violated by, Protected property interest, Burford doctrine

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