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Weekly Cases Update Volume 40, Issue 35

Wild Fish Conservancy v. Salazar

40 ELR 20037
No. 09-35531 (9th Circ., December 2010)

The Ninth Circuit held that FWS' biological opinion addressing a hatchery project's impact on the bull trout in the Columbia River violates the ESA. Although the hatchery project is intended to mitigate a dam's impacts on Chinook salmon, it has seriously disrupted the migration and spawning...

Biological opinion, §7(b), Bull trout

National Association of Home Builders v. San Joaquin Valley Unified Air Pollution Control District

40 ELR 20038
No. 08-17309 (9th Circ., December 2010)

The Ninth Circuit held that the CAA does not preempt a California air pollution district rule requiring development sites to reduce the amount of pollutants they emit. CAA §209(e)(1) only preempts those standards or requirements relating to the control of emissions from "new"...

Held not preempted

Carijano v. Occidental Petroleum Corp.

40 ELR 20039
Nos. 08-56187, -56270 (9th Cir., December 2010)

The Ninth Circuit reversed a lower court decision dismissing a Peruvian Achuar indigenous group's lawsuit against an oil company for environmental contamination and the release of hazardous wastes. The complaint alleges that, during its 30 years in the Achuar territories, the oil company...

Forum non conveniens, Hazardous, South America

United States v. General Electric Co.

40 ELR 20042
No. 06-cv-354-PB (D.N.H., December 2010)

A district court held that CERCLA's statute of limitations does not bar the United States from recovering certain costs it incurred in 1993 and 1995 responding to soil and ground water contamination at the Fletcher Paint Works and Storage Facility Superfund site in Milford, New Hampshire...

Response costs, §113(g)(2)

Michigan v. United States Army Corps of Engineers

40 ELR 20041
No. 10-CV-4457 (N.D. Ill., December 2010)

A district court denied various states' motion to issue a preliminary injunction compelling the U.S. Army Corps of Engineers to take all available measures to prevent the emigration of invasive silver and bighead carp through the Chicago Area Waterway System into Lake Michigan. In the face of...

Invasive species

Kansas Gas & Electric Co. v. United States

40 ELR 20040
No. 04-99C (Fed. Cl., November 2010)

The Federal Claims court ordered DOE to pay three utility companies $10,632,454.83 for failing to collect spent nuclear fuel from the Wolf Creek Generating Station in Kansas in violation of their contract. The utilities' damages derive from their investigation of alternative spent...

Nuclear Waste Fund, §302, Nuclear Waste Policy Act powers and duties