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 22
The Ninth Circuit held that a reserve program for raisins authorized by the Agricultural Marketing Agreement Act of 1937 does not constitute a taking in violation of the U.S. Constitution.
The Ninth Circuit held that environmental groups may intervene in a citizen suit against the U.S. Forest Service concerning restricted motorized and mechanized vehicle use in a section of the Gallatin National Forest.
A district court upheld the constitutionality of an appropriations rider that reinstated an FWS rule that removed ESA protections for the Northern Rocky Mountain gray wolf in all areas outside of Wyoming.
A district court held that NOAA Fisheries' 2008/2010 biological opinion (BiOp) for the Federal Columbia River Power System is arbitrary and capricious under the ESA. In the BiOp it issued to the U.S. Army Corps of Engineers and the U.S.
A district court held that EPA's approval of a sediments and total suspended solids (TSS) TMDL for the Anacostia River in Maryland and Washington, D.C., was arbitrary and capricious.
A district court held that environmental groups lacked standing to challenge contracts a Department of Defense agency entered into to purchase fuel derived from Canadian oil sands recovered crude oil (COSRC).
A Washington appellate court affirmed a lower court decision holding the state transportation agency liable to two utilities for contribution costs incurred at the Thea Foss Waterway, a Superfund site, under the state's Model Toxics Control Act (MTCA).
An Ohio appellate court held that a city is not immune from residents' negligence lawsuit against it concerning pollution allegedly caused by a city landfill.
The D.C. Circuit denied trade associations' petition for review of a nationwide permit issued by EPA for the discharge of pollutants incidental to the normal operation of vessels.
The D.C. Circuit held that a single sighting of a protected species is insufficient to render a property "occupied" for purposes of designating critical habitat under the ESA.