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News & Analysis In the Courts Volume 43, Issue 5

Yount v. Salazar

43 ELR 20063
11-8171 et al. (D. Ariz., March 2013)
FLPMA §204(c), which allows Congress to block DOI withdrawals of new mining claims in excess of 5,000 acres through a resolution of both houses, is unconstitutional.

Decker v. Northwest Environmental Defense Center

43 ELR 20062
11-338 (U.S., March 2013)
The U.S. Supreme Court held that stormwater runoff from logging roads that is collected by and then discharged from a system of ditches, culverts, and channels is not a point source discharge for which an NPDES permit is required.

County of Sonoma v. Federal Housing Finance Agency

43 ELR 20061
12-16986 (9th Cir., March 2013)
The Ninth Circuit dismissed a lawsuit challenging a Federal Housing Finance Agency directive that prevents Freddie Mac and Fannie Mae from buying mortgages on properties encumbered by liens made under property-assessed clean energy programs, which finance environmental improvements on residential properties

Asarco LLC v. NL Industries, Inc.

43 ELR 20065
11-00138 (W.D. Mo., March 2013)
A district court stayed a bankrupt mining company's contribution claims against various defendants for response costs and natural resource damages incurred in connection with the Tri-States Mining District until the amount of total liabilities are determined.

Natural Resources Defense Council, Inc. v. United States Food & Drug Administration

43 ELR 20067
11-422 (2d Cir., March 2013)
The Second Circuit held that an environmental group has standing to bring an action to compel FDA to finalize its regulation of triclosan, but not triclocarban, both of which are used in over-the-counter antiseptic antimicrobial soap.

Chubb Custom Insurance Co. v. Space Systems/Loral, Inc.

43 ELR 20059
11-16272 (9th Cir., March 2013)
The Ninth Circuit upheld the dismissal of an insurance company's subrogation suit for recovery of insurance payments made to its insured for environmental response costs the insured incurred cleaning up pollutants released on its property.

Paolino v. JF Realty

43 ELR 20064
12-2031 (1st Cir., March 2013)
The First Circuit held that a lower court erred in dismissing a landowner's CWA citizen suit for lack of proper pre-suit notice.

Filippone v. Iowa Department of Natural Resources

43 ELR 20054
2-1005, 12-0444 (Iowa Ct. App., March 2013)
An Iowa appellate court affirmed the dismissal of a minor's petition asking the Iowa Department of Natural Resources to adopt new rules regarding the emission of greenhouse gases in the state.

Shell Offshore, Inc. v. Greenpeace, Inc.

43 ELR 20051
12-35332 (9th Cir., March 2013)
The Ninth Circuit upheld an injunction prohibiting an environmental activist group from interfering with an oil company's outer continental shelf exploration activities in the Arctic Ocean.

Western Energy Alliance v. Salazar

43 ELR 20052
11-8071 (10th Cir., March 2013)
The Tenth Circuit dismissed an appeal brought by energy companies arguing that §266(b)(1)(A) of the Mineral Leasing Act requires BLM to issue oil and gas leases within 60 days of payment.