Weekly Cases Update Volume 43, Issue 2

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 35

ELR 2025011-3210(10th Cir., )

The Tenth Circuit upheld a U.S. Army Corps of Engineers dredge and fill permit allowing a railroad company to build a terminal on land outside Kansas City, Kansas, that contains streams and wetlands.

Keywords:
Permit issuance
ELR 202512011-00101593.(Cal. Super. Ct., )

A California court held that the environmental impact report (EIR) San Diego prepared for its regional transport plan and accompanying sustainable communities strategy violates the California Environmental Quality Act (CEQA) because it failed to adequately address greenhouse gas emissions.

Keywords:
Climate Change (generally), Environmental impact reports (EIRs)
ELR 202523-73-cv-00023(D. Nev., )

A district court upheld a Nevada water engineer ruling allowing a city to change the manner and place of use of surface water rights.

Keywords:
Property rights/entitlements
ELR 202532179(E.D. La., )

A district court dismissed claims against the manufacturer of the chemical dispersant used in response to the Deepwater Horizon oil spill in the Gulf of Mexico.

Keywords:
Liability
ELR 2025410 C 4457(N.D. Ill., )

A district court dismissed a lawsuit brought by five states seeking an order requiring the U.S.

Keywords:
Invasive Species
ELR 20255C 11-4118 PJH(N.D. Cal., )

A district court held that NOAA Fisheries adequately considered economic impacts when it designated 8.6 million acres in California, Oregon, and Washington as critical habitat for the green sturgeon, a threatened species.

Keywords:
Critical habitat designation
ELR 20256CV-12-0381-LRS(E.D. Wash., )

A district court held that a refinery that settled in bankruptcy court its liability for response costs incurred at a Superfund site may seek contribution from a mining company.

Keywords:
Claims not barred