Weekly Cases Update Volume 40, 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 , Issue

ELR 20117No. A123948(Cal. Ct. App., )

A California appellate court reversed a lower court decision that granted in part a citizen group’s petition for a writ of mandate under the California Environmental Quality Act challenging the certification of an environmental impact report (EIR) by a university board in regards to the developme

Keywords:
Environmental impact reports (EIRs)
ELR 20122Nos. 04-21448 et al.(S.D. Fla., )

A district court granted in part plaintiffs’ various motions to compel state and federal defendants to comply with a prior court order related to the implementation of water quality based effluent limitations (WQBELs) for phosphorus in the Everglades.

ELR 20118No. 09-3158(6th Cir., )

The Sixth Circuit affirmed a lower court decision that dismissed plaintiffs’ pre-enforcement challenge to the anti-animal-fighting provisions of the Animal Welfare Act (AWA) on the grounds that plaintiffs lacked standing.

Keywords:
Wildlife (generally)
ELR 20126Nos. 05-16154 et al.(9th Cir., )

The Ninth Circuit affirmed in part and vacated in part a lower court decision related to the United States’ effort to recoup under the Fallon Paiute Shoshone Indian Tribes Water Rights Settlement Act of 1990 (Settlement Act) excess diversions of water that an irrigation district permitted over ma

ELR 20120No. H033097(Cal. Ct. App., )

A California appellate court affirmed a lower court’s issuance of a writ of mandate directing the city of Watsonville to, among other things, set aside its certification of a final environmental impact report (EIR) and its approval of a plan to develop a residential area in an area loca

Keywords:
Environmental impact reports (EIRs), Land use
ELR 20128Nos. 05-2399 et al.(10th Cir., )

The Tenth Circuit reversed a lower court decision to find that environmental groups’ claim—that the failure of the Bureau of Reclamation to weigh its discretion to reallocate water from agricultural and municipal contract users to maintain stream flows for the benefit of an endangered minnow in .

ELR 20121No. C060697(Cal. Ct. App., )

A California appellate court affirmed a lower court decision that denied in part petitions for writ of mandate of plaintiffs, public agencies and mutual water companies, challenging certain amendments made to a water quality control plan by a state water quality control board.

Keywords:
Water pollution
ELR 20123No. 05-10112(D. Mass., )

In a case arising from a catastrophic oil spill in Buzzards Bay, a district court granted summary judgment in favor of the United States to find that aspects of the Massachusetts Oil Spill Prevention Act (MOSPA) were preempted by the federal Ports and Waterways Safety Act of 1972 (PWSA).

Keywords:
Oil spills