Weekly Cases Update Volume 41, Issue 5

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 7

ELR 20101No. 09-15878(9th Cir., )

The Ninth Circuit affirmed a lower court decision rejecting claims that a transportation commission's disproportionate emphasis on rail expansion projects over bus expansion projects in its regional transit plan illegally discriminates against minorities.

Keywords:
Civil rights claims
ELR 20106No. C 09-0437 PJH(N.D. Cal. , )

A district court, on motions for summary judgment, held that the California Department of Transportation is liable to the United States for damages caused to a lake and creek due to runoff from a state-run highway that cuts across federal property—the Presidio in San Francisco.

Keywords:
Land use, Parks, National Parks System
ELR 20102No. C063268(Cal. Ct. , )

A California appellate court invalidated a state policy prohibiting development seaward of the most landward historical position of the mean high tide line. The policy is an invalid underground regulation because it was not promulgated as a regulation under the APA.

Keywords:
Interpretative rule exemption, §553(b)(3)(A), Land use, Shoreline use
ELR 20104No. 295418(Mich. Ct. App., )

A Michigan appellate court reversed the dismissal of property owners' nuisance claims against a manufacturing company for groundwater contamination. The lower court relied on Adkins v Thomas Solvent Co., 440 Mich. 293, 487 N.W. 2d 715 (1992), in dismissing the case.

Keywords:
Groundwater, Michigan, Nuisance

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