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Weekly Cases Update Volume 40, Issue 31

In re United States Environmental Protection Agency

ELR 20007
No. 10-14535 (11th Circ. , October 2010)

The Eleventh Circuit granted EPA's petition for a writ of mandamus to substitute the appearance of the EPA Assistant Administrator for Water for the appearance of the EPA Administrator at a hearing about compliance by the Agency with orders entered by the district court that concerned...

Environmental Protection Agency

City of Colorado v. Denver

ELR 20006
No. 1:10-cv-01303-JLK (D. Colo. , October 2010)

A district court approved two consent decrees settling Colorado's claims for natural resource damages against two waste companies and the city and county of Denver in connection with the Lowry Landfill Superfund site. The settlement, which requires the performing parties to each pay $500...

Lowry landfill site (Colo.), Natural resource damages

Animal Welfare Institute v. Martin

ELR 20001
No. 09-2643 (1st Cir., October 2010)

The First Circuit affirmed a lower court decision denying a motion to enjoin Maine state officials from allowing the use of any foothold traps to prevent the incidental take of Canadian lynx, a threatened species. The lower court did not abuse its discretion in denying the motion, as the...

Preliminary, Lynx

Ensco Offshore Co. v. Salazar

ELR 20002
No. 10-1941 (E.D. La. , October 2010)

A district court vacated new safety requirements the DOI issued for oil and gas operators in the outer continental shelf. The requirements, issued in a notice to lessees, range from submitting certifications to performing additional safety procedures. The requirements were set aside because the...

Interior, Department of the, Requirements not met

L.A. Plaza, Inc. v. Hermiz

ELR 20005
No. 293291 (Mich. Ct. App., October 2010)

A Michigan appellate court affirmed a lower court decision that res judicata bars a landowner's CERCLA, tort, and state law actions against a neighboring gasoline station for response costs and other monetary damages. The property owner originally filed suit in 1995, but the case was...

Res judicata

Sierra Club v. Kimbell,

ELR 20004
No. 09-1639 (8th Circ. , October 2010)

The Eighth Circuit held that the U.S. Forest Service's revised forest plan for the Superior National Forest complied with NEPA. The environmental groups that filed the suit have standing, given the immediate, concrete consequences for the recreational interests of specific visitors to...

Environmental impact statement (EIS), Superior National Forest, Minn.

Village of Stillwater v. General Electric Co.

ELR 20003
No. 9-CV-228 (N.D.N.Y. , October 2010)

A district court denied an electric company's motion to bifurcate litigation in a case brought by several towns against the company under CERCLA and New York statutory and common law for polluting their water supply. The company's motion was for reverse bifurcation, as it wanted to first...

Bifurcation