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News & Analysis In the Courts Volume 43, Issue 4

Dow AgroSciences LLC v. National Marine Fisheries Service

43 ELR 20043
11-2337 (4th Cir., February 2013)
The Fourth Circuit vacated a biological opinion the National Marine Fisheries Service prepared as part of EPA's reregistration process for three pesticides--chlorpyrifos, diazinon, and malathion.

McGuire v. United States

43 ELR 20037
12-5073 (Fed. Cir., February 2013)
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

Menasha Corp. v. United States Department of Justice

43 ELR 20036
12-1720 (7th Cir., February 2013)
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.

Gmoser's Septic Service, LLC v. Charter Township of East Bay

43 ELR 20041
30999 (Mich. Ct. App., February 2013)
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.

Shieldalloy Metallurgical Corp. v. Nuclear Regulatory Commission

43 ELR 20040
11-1449 (D.C. Cir., February 2013)
The D.C. Circuit held that NRC's transfer of authority to New Jersey over nuclear materials within the state was arbitrary and capricious.

Alameda County Flood Control v. Department of Water Resources

43 ELR 20038
C065522 (Cal. Ct. App. 3d Dist., February 2013)
A California appellate court upheld the California Department of Water Resources' method for crediting State Water Project water recipients with revenues from hydropower generated at the Oroville Dam.

Southern Crushed Concrete, LLC v. City of Houston

43 ELR 20039
11-0270 (Tex., February 2013)
The Texas Supreme Court held that the Texas Clean Air Act preempts a city ordinance prohibiting a company from moving its concrete-crushing operations to a new location.

Los Angeles, City of v. Kern, County of

43 ELR 20042
F063381 (Cal. Ct. App. 5th Dist., February 2013)
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.

Citizens for a Healthy Community v. United States Department of the Interior

43 ELR 20032
12-cv-01661 (D. Colo., February 2013)
A district court held that BLM must disclose the names of companies who have submitted an "expression of interest" in obtaining an oil and gas lease on certain public lands in Colorado.

Save Cuyama Valley v. County of Santa Barbara

43 ELR 20031
B233318 (Cal. App. 2d Div., February 2013)
A California appellate court upheld a county's approval of a sand and gravel mining pit along a riverbed.