Weekly Cases Update Volume 46, Issue 7

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 14

ELR 20091No. 15-5140(D.C. Cir., )

The D.C. Circuit, in an unpublished opinion, upheld an Interior Board of Land Appeals (IBLA) decision invalidating an individual's mining claims on federal land in Oregon. DOI made those determinations so that the U.S.

Keywords:
Taking of private property, Mining Claims Act
ELR 20086No. 55(N.Y., )

New York's highest court held that material questions of fact prevent it from ruling on whether a narrow waterway within a remote area of the Adirondack Mountains is navigable-in-fact and therefore open to public use.

Keywords:
Navigability-in-fact, Land use
ELR 20088No. 3:01-cv-00640(D. Or.,

A district court, in a 149-page opinion, held that the government violated the ESA and NEPA when it approved its 2014 biological opinion (BiOp) for the Federal Columbia River Power System (FCRPS) and its impact on salmon and steelhead.

Keywords:
Hydroelectric plants, Biological opinion, §7(b)