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 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)
ELR 20027No. H033275(Cal. App. 6th Dist., )

A California appellate court reversed a lower court decision ordering a city to set aside its approval of a permit to demolish an historic building and to comply with the California Environmental Quality Act (CEQA) before considering reissuance of the permit.

Keywords:
Environmental Assessment/Impact Statement, California Environmental Quality Act (CEQA)
ELR 20029No. F059293(Cal. App. 5th Dist. , )

A California appellate court reversed a lower court decision denying a petition challenging the adequacy of a county's environmental analysis of a proposed surface mining operation on a 40-acre site in the foothills of the Southern Sierra Nevada mountain range.

Keywords:
Environmental Assessment/Impact Statement, Mining, California Environmental Quality Act (CEQA)
ELR 20036No. 09-51079(5th Cir., )

The Fifth Circuit held that an energy company's current and ongoing construction of a coal-fired power plant, for which no maximum achievable control technology (MACT) determination has ever been made, violates CAA §112(g).

Keywords:
Maximum achievable control technology (MACT)
ELR 20033No. 2009-5100(Fed. Cir., )

The Federal Circuit upheld a lower court decision rejecting landowners' claims that the United States had taken their property without just compensation by erecting a log boom that prevented them from using a slough next to their property.

Keywords:
Permanent physical takings, Inverse condemnation
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

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