Weekly Cases Update Volume 40, Issue 6

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 20111No. 3:01-cv-71(E.D. Tenn., )

A district court entered judgment for the Tennessee Valley Authority (TVA) with respect to environmental groups’ claims that the TVA violated the CAA and the Tennessee SIP in its operation of a fossil fuel-fired electricity generating facility.

Keywords:
"Modification" construed
ELR 20113No. 09-60108(5th Cir., )

The Fifth Circuit denied an environmental group’s petition to review a Surface Transportation Board (STB) decision that granted an exemption to a railroad company to construct and operate a rail line to service a proposed limestone quarry, which was to be developed in phases, without meeting cert

ELR 20112No. H034335(Cal. Ct. App., )

A California appellate court affirmed a lower court order clarifying and enforcing a prior decision, which had defined the rights of parties interested in the production of groundwater from the Seaside Basin, by restricting a water management district’s authority to require environmenta

Keywords:
Water rights
ELR 20119No. 09-1814(3d Cir., )

The Third Circuit vacated and remanded a lower court decision finding a defendant liable for costs incurred at the Boarhead Farms Superfund site.

ELR 20117No. A123948(Cal. Ct. App., )

A California appellate court reversed a lower court decision that granted in part a citizen group’s petition for a writ of mandate under the California Environmental Quality Act challenging the certification of an environmental impact report (EIR) by a university board in regards to the developme

Keywords:
Environmental impact reports (EIRs)
ELR 20122Nos. 04-21448 et al.(S.D. Fla., )

A district court granted in part plaintiffs’ various motions to compel state and federal defendants to comply with a prior court order related to the implementation of water quality based effluent limitations (WQBELs) for phosphorus in the Everglades.

ELR 20118No. 09-3158(6th Cir., )

The Sixth Circuit affirmed a lower court decision that dismissed plaintiffs’ pre-enforcement challenge to the anti-animal-fighting provisions of the Animal Welfare Act (AWA) on the grounds that plaintiffs lacked standing.

Keywords:
Wildlife (generally)
ELR 20126Nos. 05-16154 et al.(9th Cir., )

The Ninth Circuit affirmed in part and vacated in part a lower court decision related to the United States’ effort to recoup under the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 (Settlement Act) excess diversions of water that an irrigation district permitted over ma

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