Weekly Cases Update Volume 41, Issue 8

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 16

ELR 20195Nos. 08-35951(9th Cir. , )

The Ninth Circuit upheld the dismissal of individuals' citizen suit claim against a Canadian mining company seeking civil penalties under CERCLA for the mining company's noncompliance with a unilateral administrative order.

Keywords:
Held to preclude
ELR 20193Nos. 09-17796, 10-15026(9th Cir., )

The Ninth Circuit affirmed in part and vacated in part a lower court decision largely granting summary judgment in favor of the U.S.

Keywords:
Sierra Nevada National Forest, Cal., Upheld, National parks
ELR 20192Nos. 10-4699, 11-1099(3d Cir., )

The Third Circuit reversed a lower court order granting an oil company's application to engage in discovery for use in an environmental class action before an Ecuadorian court under 28 U.S.C. §1782(a).

Keywords:
Discovery, South America
ELR 20191No.10-1484(1st Cir. , )

The First Circuit upheld the dismissal of a developer's federal takings claim against two state agencies for restricting its development of a coastal residential subdivision in Rhode Island. In Williamson County Regional Planning Commission v.

Keywords:
Regulatory takings, Rhode Island, Inverse condemnation
ELR 20198No. 01-27(Fed. Cl. , )

The Federal Claims court denied a mining company's motion and the government's cross-motion for summary judgment in a Fifth Amendment takings claim stemming from various CERCLA remediation actions taken at the mine.

Keywords:
Temporary takings
ELR 20197No. 10-0254(S.D. Ala., )

A district court granted in part and denied in part the government's motion to dismiss an environmental group's claims that the Bureau of Ocean Energy Management, Regulation, and Enforcement (BOEMRE) failed to modify its policies and practices concerning offshore oil and gas leasing ope

Keywords:
Interior, Department of the