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Weekly Cases Update Volume 41, Issue 16

Pakootas v. Teck Cominco Metals, Ltd.

41 ELR 20195
Nos. 08-35951 (9th Cir. , June 2011)

The Ninth Circuit upheld the dismissal of individuals' citizen suit claim against a Canadian mining company seeking civil penalties under CERCLA for the mining company's...

Held to preclude

House of Clean, Inc. v. St. Paul Fire and Marine Insurance Co.

41 ELR 20200
No. 07-10839 (D. Mass., May 2011)

A district court held that an insurer has no duty to defend or indemnify a dry cleaner for PCE pollution stemming from repeated flooding under the terms of its insurance...

Duty to indemnify, Held inapplicable in

Jensen Family Farms, Inc. v. Monterey Bay Unified Air Pollution Control District

41 ELR 20194
No. 09-16790 (9th Cir., May 2011)

The Ninth Circuit held that the CAA does not preempt a local air district's adoption and enforcement of rules regulating air emissions from diesel-powered engines. CAA §209(e...

California, Held not preempted

Taylor Land Group, LLC v. BP Products North America, Inc.

41 ELR 20199
No.94764 (Mich. Ct. App., May 2011)

A Michigan appellate court reversed the dismissal of a property owner's trespass claim against a prior owner of the site, but upheld the dismissal of the remaining tort and state...

Natural Resources and Environmental Protection Act, Trespass

Sierra Forest Legacy v. Sherman

41 ELR 20193
Nos. 09-17796, 10-15026 (9th Cir., May 2011)

The Ninth Circuit affirmed in part and vacated in part a lower court decision largely granting summary judgment in favor of the U.S. Forest Service on environmental groups'...

National parks, Sierra Nevada National Forest, Cal., Upheld

Placer Mining Co. v. United States

41 ELR 20198
No. 01-27 (Fed. Cl. , May 2011)

The Federal Claims court denied a mining company's motion and the government's cross-motion for summary judgment in a Fifth Amendment takings claim stemming from various CERCLA...

Temporary takings

In re Chevron Corp.

41 ELR 20192
Nos. 10-4699, 11-1099 (3d Cir., May 2011)

The Third Circuit reversed a lower court order granting an oil company's application to engage in discovery for use in an environmental class...

Discovery, South America

Organized Village of Kake v. United States Department of Agriculture

41 ELR 20196
No. 1:09-cv-00023 JWS (D. Alaska, May 2011)

A district court reinstated the roadless area conservation rule to the Tongass National Forest in southeast Alaska. The court previously ruled on motions for summary judgment that a U.S. Forest Service rule exempting the Tongass from the roadless rule's prohibitions was arbitrary and...

Tongass National Forest, Alaska

Defenders of Wildlife v. Bureau of Ocean Energy Management, Regulation, and Enforcement

41 ELR 20197
No. 10-0254 (S.D. Ala., May 2011)

A district court granted in part and denied in part the government's motion to dismiss an environmental group's claims that the Bureau of Ocean Energy Management, Regulation, and...

Interior, Department of the

Downing/Salt Pond Partners, L.P. v. Rhode Island

41 ELR 20191
No.10-1484 (1st Cir. , May 2011)

The First Circuit upheld the dismissal of a developer's federal takings claim against two state agencies for restricting its development of a coastal residential subdivision...

Inverse condemnation, Regulatory takings, Rhode Island