Weekly Cases Update Volume 41, Issue 11

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 27

ELR 20294Nos. 10-1265, -2332(3d Cir., )

The Third Circuit upheld a preliminary injunction against the U.S. Forest Service prohibiting it from halting any drilling in the Allegheny National Forest until a multi-year, forestwide EIS under NEPA is complete.

Keywords:
Forests, Environmental impact statement (EIS)
ELR 20295No. 08-377(2d Cir., )

The Second Circuit vacated in part EPA's risk assessments for the pesticide dichlorvos.

ELR 203001:09-CV-01053 et al.(E.D. Cal., )

A district court, in a 279-page opinion, held that NOAA-Fisheries' 2009 biological opinion (BiOp) and reasonable and prudent alternative (RPA) addressing Central Valley Project and State Water Project impacts on Chinook salmon, steelhead, green sturgeon, and Southern Resident killer whal

Keywords:
Biological opinion, §7(b)
ELR 2029910-15513, 11-1113(11th Cir., )

The Eleventh Circuit affirmed a lower court decision dismissing individuals' claims that a city violated its NPDES permit for municipal separate storm sewer systems (MS4s).

Keywords:
Stormwater discharges, 402(p)
ELR 202972010-1068(Fed. Cir. , )

The Federal Circuit affirmed a lower court decision that a farmer committed patent infringement when he planted second-generation "commodity seeds" that contained genetically altered seeds covered by a patent.

Keywords:
Agriculture
ELR 2029827042(S.C., )

The Supreme Court of South Carolina held that the South Carolina Solid Waste Policy and Management Act (SWPMA) does not preempt a county ordinance requiring solid waste generated within the county to be deposited at a county or county-approved landfill.

Keywords:
South Carolina, Collection and disposal
ELR 202962011-OHIO-4612(Ohio, )

The Supreme Court of Ohio held that the territory of Lake Erie held in trust by the state of Ohio extends to the natural shoreline, which is the line at which the water usually stands when free from disturbing causes.

Keywords:
Ohio, Public trust doctrine, Shoreline use

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