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 40, Issue 32
The Supreme Court of Texas, on certification from the U.S. Court of Appeals for the Fifth Circuit, held that Texas does not recognize a "rolling" public beachfront access easement on Galveston's West Beach.
A Michigan appellate court voided a 10-year-old commercial lease between the landlord and tenant of a gas station because the landlord failed to disclose that the property is, under Michigan law, a "facility" from which hazardous substances were released or disposed.
The Ninth Circuit held that EPA’s decision to transfer authority over portions of the NPDES program to the state of Alaska was not arbitrary or capricious.
The Fourth Circuit upheld an injunction requiring the West Virginia Department of Environmental Protection to obtain NPDES permits for reclamation efforts at abandoned coal mining sites.
A district court, in a $113 billion lawsuit against an oil company concerning environmental pollution in the Amazon, granted the oil company's motion to depose Ecuadorian villagers' attorney concerning possible fraud and misconduct.
The D.C. Circuit granted a petition challenging the NRC's transfer of regulatory authority over nuclear material to the state of New Jersey. Before transferring authority to a state, the NRC must find that the state's regulatory regime is compatible with the NRC's program.
The Tenth Circuit held that the Northwest Interstate Compact on Low-Level Radioactive Waste allows its member states to exclude low-level radioactive waste from disposal at a Utah site.
The Ninth Circuit affirmed a lower court order denying an environmental group's motion to preliminarily enjoin the U.S. Forest Service from conducting post-wildfire logging in the Plumas National Forest.
A district court remanded the FWS' final rule listing the polar bear as a “threatened” species under the ESA.
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