Weekly Cases Update Volume 41, Issue 10

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 41, Issue 23

ELR 20261Nos. 6:09-cv-00037, -00414(D.N.M., )

A district court held that environmental groups lack standing to challenge BLM's approval of two quarterly oil and gas lease sales under the APA, NEPA, FLPMA, and the Mineral Leasing Act.

Keywords:
Climate Change (generally), Held not satisfied, "Injury-in-fact" test
ELR 20260Nos. 6:09-cv-00037, -00414(D.N.M., )

A district court denied environmental groups' petition for review challenging BLM's and the U.S. Forest Service's approval of several oil and gas lease sales in the San Juan Basin of northern New Mexico.

Keywords:
Air quality, Discussion of, held adequate, Environmental effects
ELR 20259No. 10-1418(10th Cir., )

The Tenth Circuit held that the U.S. Forest Service may charge visitors to Mt. Evans an "amenity fee" under the Recreation Enhancement Act (REA). Plaintiffs, outdoor enthusiasts, argued that the fee exceeds the Service's statutory authority under the REA.

Keywords:
National recreation areas
ELR 20262No. 10-35567(9th Cir., )

The Ninth Circuit, in an unpublished opinion, reversed a lower court decision granting summary judgment in favor of the U.S. Forest Service in a case challenging its approval of four timber logging projects in the Tongass National Forest.

Keywords:
Tongass National Forest, Alaska
ELR 20263No. 11-1597(N.D. Cal., )

A district court granted in part and denied in part motions to dismiss a property owner's CERCLA, RCRA, and state law claims against former owners and operators of nearby properties.

Keywords:
60-day notice requirement, §7002(b)(1), 90-day notice of endangerment requirement, §7002(b)(2)(A)
ELR 20258No. 27006(S.C., )

The South Carolina Supreme Court reversed a lower court decision dismissing a group's declaratory judgment action against a developer for filling isolated wetlands on its property without a permit. The lower court, relying on the U.S.

Keywords:
South Carolina, Intrastate, isolated wetlands
ELR 20257 No. C066158(Cal. App. 3d Dist. , )

A California appellate court reversed a lower court decision certifying residents' class action lawsuit against the state wildlife agency in connection with efforts to eradicate an invasive species of fish, the northern pike, from a lake and its tributaries.

Keywords:
Common questions, FRCP 23(b)(3), California, Wildlife (generally)