Weekly Cases Update Volume 43, 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 43, Issue 12

ELR 20087CV009116(Iowa Dist. Ct., )

An Iowa court held that a solar energy company is not a public utility under state law. A city sought to enter into a prospective purchaser agreement with the company to supply a portion of the city's electricity needs at certain city premises.

Keywords:
Energy (generally)
ELR 200885:12CV49(N.D. W. Va., )

A district court denied a motion to dismiss landowners' lawsuit against a gas company for alleged property damage in the form of contaminated well water resulting from Marcellus Shale gas drilling activity occurring on property adjacent to the landowners' property.

Keywords:
Energy (generally)
ELR 2008310-1491(U.S., )

The U.S. Supreme Court held that the presumption against extraterritoriality applies to claims under the Alien Tort Statute (ATS).

Keywords:
International
ELR 20084A135593(Cal. App. 1st Dist., )

A California appellate court affirmed a lower court decision allowing a park district to go forward with its condemnation action to help complete a shoreline park and trail but ordering the district to prepare an environmental impact report under the California Environmental Quality Act (CEQA).

Keywords:
Environmental impact reports (EIRs), Condemnation
ELR 2008611-2366, -2368(4th Cir., )

The Fourth Circuit upheld the dismissal of a town's complaint seeking to require the U.S. Army Corps of Engineers to honor commitments the Corps made to it and other North Carolina towns when developing plans to widen, deepen, and realign portions of the Cape Fear River navigation channel.

Keywords:
Shoreline use, Dredge and fill, §404
ELR 20085D061121(Cal. App. 4th Dist., )

A California appellate court upheld the denial of a fishing club's petition for a writ of mandate directing the California Fish and Game Commission to vacate its regulations that create Marine Protected Areas and Marine Managed Areas in state waters of an area of the Pacific Ocean known as t

Keywords:
California Fish and Game Code, Oceans

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