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Weekly Cases Update Volume 41, Issue 11

Gardner v. United States Bureau of Land Management

41 ELR 20139
No. 09-35647 (9th Cir., April 2011)

The Ninth Circuit upheld the dismissal of a citizen group's lawsuit seeking to compel BLM to prohibit off-road vehicle use in Oregon's Little Canyon Mountain area. BLM did not make a finding that...

BLM lands

Karuk Tribe of California v. United States Forest Service

41 ELR 20140
No. 05-16801 (9th Cir., April 2011)

The Ninth Circuit held that a U.S. Forest Service decision that a proposed mining operation may proceed based on the miner's notice of intent (NOI) does not constitute an "agency action" for...

"Agency action" construed

Ensco Offshore Co. v. Salazar

41 ELR 20138
No. 10-1941 (E.D. La., April 2011)

A district court, on cross-motions for summary judgment, upheld a DOI regulation requiring oil lessees to obtain drilling permits for development and production drilling but denied both...

Oil and gas leasing

Santa Monica Baykeeper v. City of Malibu

41 ELR 20137
No. B222776 (Cal. App. 2d Dist., April 2011)

A California appellate court upheld the dismissal of a petition challenging a city's environmental impact report (EIR) for and approval of a park project. An environmental group argued that...

Environmental impact reports (EIRs)

Newton-Enloe v. Horton

41 ELR 20136
No. F060147 (Cal. App. 5th Dist., April 2011)

A California appellate court reversed a lower court decision dismissing petitioners' action to compel the state health department to prepare and submit a safe drinking water plan to the state...


United States v. Dearborn Refining Co.

41 ELR 20145
No. 09-CV-13597 (E.D. Mich., March 2011)

A district court held that the United States' action to collect an EPA civil monetary penalty imposed against an oil refining company under RCRA and the Federal Debt Collection Procedures Act...

Civil penalties

Abnet v. Coca-Cola Co.

41 ELR 20144
No. 1:10-cv-481 (W.D. Mich., March 2011)

A district court granted in part a bottling company's motion to dismiss individuals' tort and state law claims against it for groundwater contamination. The individuals alleged that the...

Natural Resources and Environmental Protection Act

Ohio Valley Environmental Coalition v. Coal-Mac, Inc.

41 ELR 20141
Nos. 3:10-0833, -0836 (S.D. W. Va., March 2011)

A district court held that mining companies violated the selenium effluent limitations set forth in their state-issued NPDES and surface mining permits. The companies had sought permit...

Permits, §506, Coverage

LM Nursing Service, Inc. v. Ferreira

41 ELR 20146
No. 09-cv-413 (D.R.I., March 2011)

A district court dismissed property owners' CERCLA, RCRA, and CWA claims against the current owner of a contaminated site for damages caused by the migration of contamination onto their property...

60-day notice requirement, 60-day notice requirement, §7002(b)(1), Notice held inadequate

Western Watersheds Project v. Bureau of Land Management

41 ELR 20143
No. 3:11-cv-00053-HDM-VPC (D. Nev., March 2011)

A district court denied environmental groups' motion to preliminarily enjoin the BLM from authorizing the site clearing and construction of a wind energy facility in Spring Valley, Nevada. The...

Energy (generally), Environmental impact statement (EIS), Preliminary