Weekly Cases Update Volume 32, Issue 9

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 20597No. 01-1234(1st Cir., )

The court affirms in part and vacates in part a district court order requiring the U.S. Department of the Interior (DOI) to disclose to Maine certain documents relating to efforts to list Atlantic salmon in eight rivers in Maine as endangered.

Keywords:
Interagency memoranda
ELR 2060101-16111(9th Cir., )

The court affirms a district court dismissal of an environmental group's Clean Water Act (CWA) citizen suit claiming that the U.S. Environmental Protection Agency (EPA) had a non-discretionary duty to establish total maximum daily loads (TMDLs) for the state of California.

ELR 20615Nos. 00-2468, -2471(8th Cir., )

The court vacates a district court order granting a permanent injunction restraining environmental groups and the government from interfering with the construction or operation of a multi-site hog production facility on tribal trust land.

Keywords:
Tribal-owned land
ELR 2063991 C 4482(N.D. Ill., )

The court holds that the owner of an Illinois Superfund site can bring a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) §107 action against numerous third-party companies that allegedly contributed to the contamination at the site. The U.S.

ELR 20618No. 01-3901 MMC(N.D. Cal., )

The court holds that the U.S.

Keywords:
Six Rivers National Forest, Discussion of, held inadequate, Six Rivers National Forest
ELR 2063900-50839(5th Cir., )

The court vacates a district court decision holding that the Endangered Species Act's (ESA's) take provision was a valid exercise of Congress' enumerated powers because the case does not present a case or controversy under Article III of the U.S. Constitution.

ELR 20627No. 00-1167(U.S., )

The Court holds that moratoria on development imposed during the process of devising a comprehensive land use plan do not constitute a per se taking of property requiring compensation under the Takings Clause of the U.S. Constitution.

Keywords:
Economic viability test, Regulatory takings, Lake Tahoe
ELR 2062501-35922(9th Cir., )

The court affirms a district court decision denying a county's request for a preliminary injunction to prevent a city from continuing the expansion of its municipal water supply reservoir along the Nestucca River in Oregon. After the U.S.

ELR 20638Nos. 00-56721, -57166(9th Cir., )

The court affirms a district court's grant of summary judgment in favor of a transit authority that was sued in a qui tam action under the False Claims Act (FCA) by an employee of one of its subcontractors, but vacates the district court's award of attorney fees to be paid by the employ

Keywords:
False Claims Act (FCA)
ELR 205871:99-CV-708 (FJS/GJD)(N.D.N.Y., )

The court holds that a company is jointly and severally liable for costs incurred by the United States at the Friedrichsohn's Cooperage, Inc. site in Waterford, New York.

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