Weekly Cases Update Volume 43, 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 43, Issue 6

ELR 20038C065522(Cal. Ct. App. 3d Dist., )

A California appellate court upheld the California Department of Water Resources' (DWR's) method for crediting State Water Project (SWP) water recipients with revenues from hydropower generated at the Oroville Dam.

Keywords:
Hydroelectric projects, Water (generally)
ELR 2003612-1720(7th Cir., )

The Seventh Circuit held that memos and emails exchanged between two sections of the DOJ Environment and Natural Resources Division should not be disclosed as part of a FOIA request in an underlying Superfund case.

Keywords:
Freedom of Information Act (FOIA)
ELR 2003911-0270(Tex., )

The Texas Supreme Court held that the Texas Clean Air Act (TCAA) preempts a city ordinance prohibiting a company from moving its concrete-crushing operations to a new location.

Keywords:
Air pollution
ELR 2003712-5073(Fed. Cir., )

The Federal Circuit affirmed a lower court decision dismissing an individual's regulatory takings claim against the Bureau of Indian Affairs (BIA) for refusing to replace a bridge he used to access portions of land he leased from the Colorado River Indian Tribes.

Keywords:
Regulatory takings
ELR 2004311-2337(4th Cir., )

The Fourth Circuit vacated a biological opinion the National Marine Fisheries Service (NMFS) prepared as part of EPA's reregistration process for three pesticides—chlorpyrifos, diazinon, and malathion.

Keywords:
Reregistration, §4, Biological opinion, §7(b)
ELR 2004011-1449(D.C. Cir., )

The D.C. Circuit held that NRC's transfer of authority to New Jersey over nuclear materials within the state was arbitrary and capricious. The NRC may transfer regulatory authority over classes of nuclear materials located within a state to the government of that state.

Keywords:
Safety of nuclear power plant operations, Nuclear Regulatory Commission (NRC), Nuclear Waste, Nuclear waste
ELR 20042F063381(Cal. Ct. App. 5th Dist., )

A California appellate court upheld a lower court decision preliminarily enjoining a county from enforcing a voter-approved ballot measure banning the use of agricultural fertilizer made from recycled municipal sewage sludge in unincorporated areas of the county.

Keywords:
Solid, Solid waste
ELR 2004130999(Mich. Ct. App., )

A Michigan appellate court held that Michigan's Natural Resources and Environmental Protection Act does not preempt a local ordinance requiring all septic tank waste collected from within a township to be taken to a specific treatment facility.

Keywords:
Solid, Natural Resources and Environmental Protection Act