Weekly Cases Update Volume 46, Issue 4

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 46, Issue 4

ELR 2002315-CV-0I69-SWS(D. Wyo., )

A district court held that environmental and animal rights groups may challenge the constitutionality of two trespass statutes passed by the Wyoming legislature in 2015.

Keywords:
Equal protection, Free speech, Wyoming
ELR 200291141170(Ala., )

The Supreme Court of Alabama reversed and remanded a lower court decision dismissing a coastal property owner's lawsuit against an oil company for alleged trespassing and property damage stemming from the company's response actions following the Deepwater Horizon disaster in 2010.

Keywords:
Settlement agreements
ELR 2002513-16554(9th Cir., )

The Ninth Circuit upheld a proposed management plan for the Presidio, a former military base in San Franciso that is now a National Park and a National Historic Landmark, that provides for the construction of a 70,000 square foot lodge.

Keywords:
Effects of federal action on historic sites, §106, National Parks System
ELR 2002214-11942, -12163(11th Cir., )

The Eleventh Circuit denied the coal mining industry's petitions for review of a Mine Safety and Health Administration (MSHA) regulation aimed at reducing black lung disease and other respiratory illnesses in miners.

Keywords:
Health and safety standards
ELR 2002614-13, -103(D. Wyo., )

A district court held that OSM violated NEPA when it approved a mining plan amendment that would expand a coal mine in Montana, and ordered the agency to prepare an updated EA within 240 days.

Keywords:
Mining, Public notice requirements, §1506.6, Discussion of, held inadequate
ELR 200285:13-cv-95(N.D.W. Va., )

A district court denied mining companies' motion for summary judgment seeking to dismiss property owners' lawsuit against them for alleged subsidence damage.

Keywords:
Property rights
ELR 2002714-cv-5495(S.D.N.Y., )

A district court held that a 2014 settlement agreement between a spinoff company, the U.S.

Keywords:
Settlements, §122
ELR 2002414-4071-cv(2d Cir., )

The Second Circuit upheld a "depredation permit" FWS issued to the Port Authority of New York and New Jersey authorizing the emergency "take" of migratory birds that threaten to interfere with aircraft at the John F. Kennedy International Airport.

Keywords:
FWS migratory bird depredation permit

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