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 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
ELR 20533No. 00-1532(2d Cir., )

The court affirms a district court conviction and sentencing of an individual for six counts of violating the Clean Air Act's (CAA's) asbestos national emissions standard for hazardous air pollutants.

Keywords:
Criminal penalty provisions, §113(c)
ELR 20533S091757(Cal., )

The court reverses an appellate court decision that a hotel did not need to obtain a conditional use permit before converting from residential to strictly tourist use and that a conversion fee required by the San Francisco Hotel Conversion Ordinance (HCO) constituted a taking.

ELR 2048600-14975(11th Cir., )

The court affirms in part and reverses in part a district court decision in a breach of contract and CERCLA cost recovery and contribution case between an environmental engineering firm and a city. After the U.S.

ELR 20481No. 00-50710(5th Cir., )

The court affirms a district court holding that individuals failed to provide sufficient evidence of causation and damages to reach the jury on either water or soil pollution claims brought against an oil company. The individuals own the surface estate of a ranch.

Keywords:
Causation, proof of, Damages

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