Weekly Cases Update Volume 41, 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.

Volume 40, Issue 34

ELR 20025No. 08-36038(9th Circ., )

The Ninth Circuit held that the National Marine Fisheries Service (NMFS) violated the Marine Mammal Protection Act (MMPA), but not NEPA, when it authorized Idaho, Oregon, and Washington to kill up to 85 California sea lions annually at the Bonneville Dam in order to protect salmon in the Columbia

Keywords:
California sea lion, Pinnipeds, §210, Marine mammals
ELR 20032No. 2:10-00673(S.D. W. Va., )

A district court dismissed a motion to dismiss environmental groups' citizen suit against five coal companies alleging thousands of violations of the CWA and SMCRA in West Virginia.

Keywords:
Settlement agreements, Citizen suits, §520, Citizen suits, §505
ELR 20034No. C 10-04038 JSW(N.D. Cal., )

A district court issued a preliminary injunction ordering genetically modified sugar beet seedlings—called stecklings—that were planted by four seed companies pursuant to permits issued by the USDA to be removed from the ground.

Keywords:
Agriculture, Injunctions, FRCP 65
ELR 20031No. 10-1216-MLB-KGG(D. Kan. , )

A district court dismissed landowners' OPA claim against a company for damages stemming from an oil spill in the Verdigris River in Kansas, but denied the company's motion to dismiss the landowners' nuisance claim.

Keywords:
Surface water, Oil Pollution Act (OPA)
ELR 20030No. 2:07-cv-00199-CW(D. Utah, )

A district court held that environmental groups lack standing to challenge three decisions by the BLM and a decision by the Interior Board of Land Appeals concerning 39 federal oil and gas leases in Utah.

Keywords:
"Injury-in-fact" test
ELR 20028Nos. SC 09-1817(Fla. , )

The Supreme Court of Florida affirmed in part and reversed in part a lower court decision validating $650 million in "certificates of participation" to finance a water district's purchase of 73,000 acres of land owned by a sugar company for Everglades restoration purposes.

Keywords:
Florida, Restoration
ELR 20026No. E049651(Cal. App. 4th Dist., )

A California appellate court affirmed a lower court decision denying a petition challenging a city's approval of a project to build 560 residential units on a 200-acre site long used for agricultural purposes.

Keywords:
Agriculture, Environmental Assessment/Impact Statement, Environmental impact reports (EIRs)

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