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Weekly Cases Update Volume 40, Issue 32

EnergySolutions, LLC v. Utah

ELR 20012
Nos. 09-4122 et al. (10th Circ. , November 2010)

The Tenth Circuit held that the Northwest Interstate Compact on Low-Level Radioactive Waste allows its member states to exclude low-level radioactive waste from disposal at a Utah site. A disposal facility in Utah, a member state, sought permission from the compact to import and dispose...

Nuclear material, Nuclear Waste

Shieldalloy Metallurgical Corp. v. Nuclear Regulatory Commission

ELR 20013
No. 09-1268 (D.C. Circ., November 2010)

The D.C. Circuit granted a petition challenging the NRC's transfer of regulatory authority over nuclear material to the state of New Jersey. Before transferring authority to a state, the NRC must find that the state's regulatory regime is compatible with the NRC's program. To evaluate...

New Jersey, Nuclear Regulatory Commission (NRC), Nuclear Waste

Earth Island Institute v. Carlton

ELR 20015
No. 09-16914 (9th Circ., November 2010)

The Ninth Circuit affirmed a lower court order denying an environmental group's motion to preliminarily enjoin the U.S. Forest Service from conducting post-wildfire logging in the Plumas National Forest. The group argued that the Forest Service violated the NFMA because it failed to ensure the...

Injunctions, FRCP 65, National forests, Plumas National Forest, Cal.

West Virginia Highlands Conservancy, Inc. v. Huffman

ELR 20014
No. 09-1474 (4th Cir., November 2010)

The Fourth Circuit upheld an injunction requiring the West Virginia Department of Environmental Protection to obtain NPDES permits for reclamation efforts at abandoned coal mining sites. The text of the CWA, as well as corresponding EPA regulations, confirm that the permit requirements...

Coverage

Severance v. Patterson

ELR 20016
No. 09-0387 (Tex., November 2010)

The Supreme Court of Texas, on certification from the U.S. Court of Appeals for the Fifth Circuit, held that Texas does not recognize a "rolling" public beachfront access easement on Galveston's West Beach. Land patents from the Republic of Texas in 1840, affirmed by legislation in the...

Property, Shoreline use, Texas

Akiak Native Community v. Environmental Protection Agency

ELR 20010
08-74872 (9th Cir., November 2010)

The Ninth Circuit held that EPA’s decision to transfer authority over portions of the NPDES program to the state of Alaska was not arbitrary or capricious. Petitioners argued that EPA did not adequately ensure that Alaska state law will provide the same opportunities for judicial review of...

Alaska, State programs, §402(b)

In re Chevron

ELR 20009
No. 10 MC 00002 (S.D.N.Y. , November 2010)

A district court, in a $113 billion lawsuit against an oil company concerning environmental pollution in the Amazon, granted the oil company's motion to depose Ecuadorian villagers' attorney concerning possible fraud and misconduct. One party to a litigation should not easily be permitted to...

Civil Procedure, South America

In re Polar Bear Endangered Species Act Listing

ELR 20008
No. 08-764 (D.D.C., November 2010)

A district court remanded the FWS' final rule listing the polar bear as a “threatened” species under the ESA. Shortly after FWS issued the rule, several groups filed suit, some arguing that the polar bear should have been listed as endangered, and others arguing that the bear does not...

Endangered species listing, Polar bear

N.L. Industries, Inc. v. Halliburton Co.

ELR 20018
No. 10-CV-89A (W.D.N.Y., November 2010)

A district court denied an energy company's motion to dismiss CERCLA claims filed against it for reimbursement costs incurred by the former owner of a contaminated site, but granted its motion to dismiss the owner's contribution claims under CERCLA §113. The former site owner entered into an...

Held not available, Remedies

Malama Makua v. Gates

ELR 20017
No. 09-00369 (D. Haw. , October 2010)

A district court granted in part and denied in part cross-motions for summary judgment on claims that the U.S. Army failed to comply with two settlement agreements requiring it to conduct and complete subsurface archaeological surveys of its munitions training grounds on the Makua...

Army, Department of the, Settlement agreements, Oceans