Weekly Cases Update Volume 41, Issue 10

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 41, Issue 22

ELR 20255No. 39699-8-II(Wash. Ct. App., )

A Washington appellate court affirmed a lower court decision holding the state transportation agency liable to two utilities for contribution costs incurred at the Thea Foss Waterway, a Superfund site, under the state's Model Toxics Control Act (MTCA).

Keywords:
Washington, Disposal site cleanup
ELR 20254No. C-100764(Ohio Ct. App. , )

An Ohio appellate court held that a city is not immune from residents' negligence lawsuit against it concerning pollution allegedly caused by a city landfill.

Keywords:
Ohio, Sanitary landfills
ELR 20250No. 09-1001(D.C. Cir., )

The D.C. Circuit denied trade associations' petition for review of a nationwide permit issued by EPA for the discharge of pollutants incidental to the normal operation of vessels.

Keywords:
State certification, §401, State standards, §303(a)
ELR 20249No. 10-5204(D.C. Cir., )

The D.C. Circuit held that a single sighting of a protected species is insufficient to render a property "occupied" for purposes of designating critical habitat under the ESA.

Keywords:
Critical habitat designation, §4(a)(3), Fairy shrimp
ELR 20248No. 10-5144(D.C. Cir., )

The D.C. Circuit upheld a lower court decision dismissing an environmental group's action challenging FWS' and the National Park Service's plan for managing elk and bison populations in the National Elk Refuge and Grand Teton National Park.

Keywords:
Grand Teton National Park, Mont., Bison
ELR 20243Nos. 10-15607, -15951(9th Cir., )

The Ninth Circuit upheld the dismissal of a shopping center owner's citizen suit action under RCRA against manufacturers of dry cleaning equipment.

Keywords:
Arrangers, Imminent and substantial endangerment, §7002(a)(1)(B)
ELR 20245No. 10-16916(9th Cir., )

The Ninth Circuit upheld the dismissal of a dry cleaner's CERCLA and tort law claims against the manufacturer of dry cleaning equipment. The dry cleaner failed to present evidence giving rise to a genuine dispute as to any material fact with respect to its CERCLA claim.

Keywords:
Arrangers
ELR 20244No. 10-15270(9th Cir., )

The Ninth Circuit held that a reserve program for raisins authorized by the Agricultural Marketing Agreement Act of 1937 does not constitute a taking in violation of the U.S. Constitution.

Keywords:
Permanent physical takings, Agriculture, Department of
ELR 20246 No. 10-35823(9th Cir., )

The Ninth Circuit held that environmental groups may intervene in a citizen suit against the U.S. Forest Service concerning restricted motorized and mechanized vehicle use in a section of the Gallatin National Forest.

Keywords:
Intervention, FRCP 24, Gallatin National Forest
ELR 20252Nos. CV 11-70-M-DWM, -71-M-DWM(D. Mont., )

A district court upheld the constitutionality of an appropriations rider that reinstated an FWS rule that removed ESA protections for the Northern Rocky Mountain gray wolf in all areas outside of Wyoming.

Keywords:
Constitutional Law, Gray wolf

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