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Weekly Cases Update Volume 41, Issue 21

County of Missoula v. Montana Department of Transportation

41 ELR 20235
DV-11-424 (Mont. 4th Dist., July 2011)

A Montana court preliminarily enjoined the state transportation agency from issuing permits to an oil company that would allow it to transport oversized oilfield equipment through the state...

Environmental Policy Act

Oceana, Inc. v. Locke

41 ELR 20239
10-5299 (D.C. Cir., July 2011)

The D.C. Circuit vacated the National Marine Fisheries Service's (NMFS') methodology for tracking bycatch in the fisheries off the Northeastern coast of the United States. The Magnuson-...

Catch quotas, Oceans

Brod v. Omya

41 ELR 20236
09-4551 (2d Cir., July 2011)

The Second Circuit affirmed a lower court decision dismissing residents' RCRA claims against a minerals processing plant. The residents claimed that the plant was creating an imminent and...

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

Myers v. United States

41 ELR 20237
09-56092 (9th Cir., July 2011)

The Ninth Circuit reversed a lower court decision dismissing parents' suit against the United States under the Federal Tort Claims Act (FTCA) for injuries their child allegedly suffered due to exposure to thallium—a toxic heavy metal—from soil dumped into a landfill adjacent to the child's home...

Not included, Toxic Substances (generally)

Kentucky Riverkeeper, Inc. v. Midkiff

41 ELR 20240
05-181 (E.D. Ky., July 2011)

A district court dismissed environmental groups' suit for declaratory and injunctive relief challenging the U.S. Army Corps of Engineers' nationwide permitting program, and, specifically, its...

National Environmental Policy Act (NEPA), Nationwide permits

Save the Plastic Bag Coalition v. City of Manhattan Beach

41 ELR 20238
S180720 (Cal., July 2011)

California's highest court reversed a lower court decision that a city needed to prepare an environmental impact report (EIR) for a local ordinance banning the use of plastic bags by local businesses. The court agreed that the plaintiff, a coalition of plastic bag manufacturers and...

Environmental impact reports (EIRs)

Baity v. General Electric Co.

41 ELR 20241
No. 10-02322 (N.Y. App. Div., July 2011)

A New York appellate court affirmed a lower court decision denying a company's motion for summary judgment in property owners' suit concerning damages arising from the discharge of trichloroethylene (TCE) into the ground from an industrial plant formerly operated by the company. The court...

New York, Toxic torts

Bair v. California Department of Transportation

41 ELR 20242
C 10-04360 WHA (N.D. Cal., July 2011)

A district court preliminarily enjoined the California transportation agency's proposal to widen a highway that runs through old-growth redwood trees in Richardson Grove State Park....

Environmental impact statement (EIS), Forests, Injunctions, FRCP 65, Wild and Scenic Rivers Act (WSRA)