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Weekly Cases Update Volume 41, Issue 14

Southeast Alaska Conservation Council v. Federal Highway Administration

ELR 20169
No. 09-35551 (9th Cir., May 2011)

The Ninth Circuit affirmed a lower court decision that the Federal Highway Administration's (FHwA's) EIS for a new ferry terminal and highway project through a national forest in...

Highways

Adkins v. VIM Recycling, Inc.

ELR 20171
No. 10-2237 (7th Cir., May 2011)

The Seventh Circuit reversed and remanded a lower court decision dismissing residents' RCRA lawsuit against a nearby solid waste facility. The lower court ruled that it lacked...

Alcoa Power Generating Inc. v. Federal Energy Regulatory Commission

ELR 20173
No. 10-1066 (D.C. Cir., May 2011)

The D.C. Circuit denied a power company's petition for review of a FERC order that North Carolina did not waive its CWA certification authority necessary for the relicensing of the company's...

State certification, §401

Montana v. Wyoming

ELR 20168
No. 137 (U.S., May 2011)

The U.S. Supreme Court held that Wyoming did not violate the Yellowstone River Compact by allowing its pre-1950 water appropriators to increase their net water consumption by improving the...

Wyoming

Aera Energy LLC v. Salazar

ELR 20174
No. 10-5101 (D.C. Cir., April 2011)

The D.C. Circuit upheld an Interior Board of Land Appeals decision refusing to reinstate four oil and gas leases off the California coast that were expired due to political considerations. In...

Interior Board of Land Appeals

Anglers of the AuSable, Inc. v. Department of Environmental Quality

ELR 20172
Nos. 138863 et al (Mich., April 2011)

The Michigan Supreme Court vacated its previous decision at 41 ELR 20056 in which it held that a company's plan to discharge contaminated water from an environmental cleanup site in the Manistee River...

Environmental Response Act

Enns Pontiac, Buick, & GMC Truck v. Flores,

ELR 20175
No. 1:07-cv-01043 (E.D. Cal., April 2011)

A district court denied a property owner's motion to add RCRA claims to its CERCLA and state law action against a dry cleaner for groundwater contamination. The property owner...

60-day notice requirement, §7002(b)(1), 90-day notice of endangerment requirement, §7002(b)(2)(A)

Cedar Fair, L.P. v. City of Santa Clara

ELR 20167
No. H035619 (Cal. , April 2011)

A California appellate court held that a city's approval of a "term sheet" setting forth the basic plans for building a stadium for the San Francisco 49ers does not constitute...

Environmental impact reports (EIRs)

Sierra Club v. United States Department of Agriculture

ELR 20170
No. 07-01860 (D.D.C. , March 2011)

A district court held that the USDA Rural Utilities Service's (RUS') failure to prepare an EIS in connection with the expansion of a coal-fired power plant violated NEPA. RUS...

Environmental impact statement (EIS)