Weekly Cases Update Volume 41, 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 41, Issue 11

ELR 20146No. 09-cv-413(D.R.I., )

A district court dismissed property owners' CERCLA, RCRA, and CWA claims against the current owner of a contaminated site for damages caused by the migration of contamination onto their property.

Keywords:
60-day notice requirement, 60-day notice requirement, §7002(b)(1), Notice held inadequate
ELR 20137No. B222776(Cal. App. 2d Dist., )

A California appellate court upheld the dismissal of a petition challenging a city's environmental impact report (EIR) for and approval of a park project.

Keywords:
Environmental impact reports (EIRs)
ELR 20135 No. A128121(Cal. App. 4th Dist., )

A California appellate court held that a city did not violate the California Environmental Quality Act (CEQA) when it approved an affordable housing project. In approving the project, the city concluded that the project satisfied the categorical exemption for in-fill development projects.

Keywords:
California Environmental Quality Act (CEQA)
ELR 20136No. F060147(Cal. App. 5th Dist., )

A California appellate court reversed a lower court decision dismissing petitioners' action to compel the state health department to prepare and submit a safe drinking water plan to the state legislature as required by state law.

Keywords:
California
ELR 20139No. 09-35647(9th Cir., )

The Ninth Circuit upheld the dismissal of a citizen group's lawsuit seeking to compel BLM to prohibit off-road vehicle use in Oregon's Little Canyon Mountain area.

Keywords:
BLM lands
ELR 20140No. 05-16801(9th Cir., )

The Ninth Circuit held that a U.S. Forest Service decision that a proposed mining operation may proceed based on the miner's notice of intent (NOI) does not constitute an "agency action" for purposes of triggering the ESA's interagency consultation obligations.

Keywords:
"Agency action" construed
ELR 20138No. 10-1941(E.D. La., )

A district court, on cross-motions for summary judgment, upheld a DOI regulation requiring oil lessees to obtain drilling permits for development and production drilling but denied both motions as to a DOI regulation setting forth new requirements for drilling in the western Gulf of Mexico.

Keywords:
Oil and gas leasing

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