Weekly Cases Update Volume 32, Issue 8

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 2056997-0474 PHX-DAE, -1479 PHX-DAE(D. Ariz., )

The court holds that the Bureau of Reclamation's failure to implement the reasonable and prudent alternatives (RPAs) of a U.S.

ELR 20568No. 02-75-HA(D. Or., )

The court issues a preliminary injunction halting salvage logging on fire-charred lands in Oregon until the Bureau of Land Management (BLM) resolves serious questions raised by environmental groups as to whether the agency complied with the National Environmental Policy Act (NEPA) in authorizing

Keywords:
Cumulative impacts, Discussion of, held inadequate
ELR 2056901-1665(4th Cir., )

The court affirms a district court decision entitling a state to recover from a petroleum producer and underground storage tank (UST) leasing company the costs of providing bottled water and filtration systems to homeowners whose well water was contaminated by benzene from leaking USTs.

ELR 20569No. 99 C 7308(N.D. Ill., )

The court awards an individual's attorneys $95,153.02 in attorney fees and expenses under the Equal Access to Justice Act (EAJA) for defending the individual in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) suit brought by the government.

Keywords:
Underground storage tanks (USTs)
ELR 2055998 C 50221(N.D. Ill., )

The court holds that a group of individuals do not have standing to bring a Clean Water Act citizen suit against a ski resort for discharging pollutants without a permit.

ELR 20570No. 00-1031 (JR)(D.D.C., )

The court holds that it lacks jurisdiction over claims brought by environmental groups against various governmental agencies protesting the issuance by the U.S. Army Corps of Engineers (the Corps) of 23 permits for various kinds of construction in Florida and their effect on the Florida panther.

Keywords:
FWPCA
ELR 205732:01cv508, 4:01cv86(E.D. Va., )

The court holds that the U.S. Army Corps of Engineers (the Corps) exceeded its authority in extending jurisdiction over property that contains wetlands in light of its own regulations and the U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. U.S.

ELR 20571Nos. 00-1569 et al.(Fed. Cir., )

The court reverses the Court of International Trade's holding that the U.S.

Keywords:
Court of International Trade (CIT)
ELR 20539No. 00-35076, -35089(9th Cir., )

The court reverses a district court decision and holds that the U.S.

Keywords:
Endangered species listing, Findings on petitions to list, §4(b)(3)
ELR 20548No. 00-2521(EGS)(D.D.C., )

The court holds that the U.S. Fish and Wildlife's (FWS') decision that the westlope cutthroat trout (WCT) did not warrant listing as an endangered or threatened species was arbitrary and capricious.

Keywords:
Endangered species listing, Threatened species listing, Westlope cutthroat trout

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