Weekly Cases Update Volume 40, Issue 2

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.

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ELR 20276No. 09-15230(9th Cir., )

The Ninth Circuit affirmed in part and reversed in part a lower court decision denying Native American tribes' motion to preliminarily enjoin BLM's approval of a large gold mining project on Mt. Tenabo, Nevada, which has religious significance for the tribes.

ELR 20277No. 1:09-cv-00003(D. Alaska, )

A district court halted a timber sale in roadless areas of the Tongass National Forest pending the U.S. Forest Service's preparation of a supplemental EIS (SEIS).

ELR 20290No. 09-0482(2d Cir., )

The Second Circuit affirmed a lower court decision that held an energy company liable under CERCLA for costs incurred during the cleanup of two manufactured gas plants operated by a subsidiary of the company's corporate predecessor.

ELR 20287No. 08-1381(D.C. Cir., )

The D.C. Circuit denied a petition for review of two EPA regulations implementing CAA §209(e), which prohibits states from imposing certain emissions-related regulations on various categories of engines and vehicles.

ELR 20285No. 08-35463(9th Cir., )

The Ninth Circuit held that environmental groups were not prevailing parties in their action against BLM in which they sought a preliminary injunction against a timber sale and, thus, are not entitled to attorney fees under the Equal Access to Justice Act.

ELR 20284No. 09-cv-177(S.D. Tex., )

A district court approved a bankruptcy reorganization plan requiring a mining company to pay $1.79 billion to fund past and future environmental cleanup and restoration costs incurred by federal and state agencies at more than 80 sites in 19 states.

ELR 20288No. 09-125(W.D. Pa., )

A district court preliminarily enjoined the U.S. Forest Service from requiring the preparation of a NEPA document as a precondition to allowing private oil and gas rights to be exercised in the Allegheny National Forest as set forth in a settlement agreement.

ELR 20281No. 34706(W. Va., )

West Virginia's highest court held that the Manufactured Home Construction and Safety Standards Act does not preempt homeowners' formaldehyde-based negligence claims against their home's manufacturer.

ELR 20273No. 08-16441(9th Cir., )

The Ninth Circuit held that animal rights organizations lacked standing to challenge a USDA notice stating that "there is no specific federal humane handling and slaughter statute for poultry." The lower court entered summary judgment in favor of the USDA, holding that while the plain m

ELR 20275(S.D. W. Va., )

A district court held that the U.S. Army Corps of Engineers violated the CWA and NEPA by failing to provide adequate public notice and comment prior to issuing §404 dredge and fill permits for two large mining projects in West Virginia.

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