Weekly Cases Update Volume 42, 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 42, Issue 16

ELR 20112No. 14180(Mich., )

The Michigan Supreme Court held that under the state's Natural Resources and Environmental Protection Act (NREPA), a municipality can be held responsible for, and required to prevent, a discharge of raw sewage that originates within its borders, even when the raw sewage is discharged by

Keywords:
Natural Resources and Environmental Protection Act
ELR 20116No. 05-16801(9th Cir., )

The Ninth Circuit held that the U.S. Forest Service violated the ESA when it failed to consult with federal wildlife agencies before approving four notices of intent (NOIs) to conduct mining activities in coho salmon critical habitat within the Klamath National Forest.

Keywords:
Forest Service
ELR 20113No. 10-3269(6th Cir., )

The Sixth Circuit held that the CAA's citizen suit provision does not allow an environmental group to file suit to compel the state of Ohio to administer a particular federal CAA regulation it has chosen no longer to administer.

Keywords:
Citizen suits, §304
ELR 20114Nos. 11-72891, -72943,(9th Cir., )

The Ninth Circuit dismissed environmental and Alaska Native groups' petitions challenging the Bureau of Ocean Energy Management's (BOEM's) approval of an oil company's exploration plan to drill in the Beaufort Sea.

Keywords:
Minerals Management Service, Oil and gas leasing
ELR 20111Nos. 2011-5020 et al.(Fed. Cir., )

The Federal Circuit awarded a power company $17,021,742 in its suit against the U.S.

Keywords:
Waste disposal
ELR 20110No. C11-1156JLR(W.D. Wash., )

A district court held that the CWA's waiver of sovereign immunity applies to stormwater management fees.

Keywords:
Sovereign immunity, §313(a)
ELR 20115No. 1:11-cv-02235(D.D.C., )

A district court dismissed a lawsuit filed by nongovernmental organizations and a group of minors claiming that six federal agencies violated their fiduciary duties to preserve and protect the atmosphere as a commonly shared public trust resource under the public trust doctrine.

Keywords:
Climate Change (generally)

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