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Weekly Cases Update Volume 41, Issue 22

Otay Mesa Property, L.P. v. United States Department of the Interior

41 ELR 20249
No. 10-5204 (D.C. Cir., July 2011)

The D.C. Circuit held that a single sighting of a protected species is insufficient to render a property "occupied" for purposes of designating critical habitat under the ESA. In 2007, the FWS designated 143 acres of plaintiffs' property as critical habitat for the San Diego fairy shrimp under...

Critical habitat designation, §4(a)(3), Fairy shrimp

Barge v. St. Bernard, City of

41 ELR 20254
No. C-100764 (Ohio Ct. App. , July 2011)

An Ohio appellate court held that a city is not immune from residents' negligence lawsuit against it concerning pollution allegedly caused by a city landfill. The city argued that it was immune from suit because the operation of the landfill was a governmental function rather than a...

Ohio, Sanitary landfills

Lake Carriers' Ass'n v. Environmental Protection Agency

41 ELR 20250
No. 09-1001 (D.C. Cir., July 2011)

The D.C. Circuit denied trade associations' petition for review of a nationwide permit issued by EPA for the discharge of pollutants incidental to the normal operation of vessels. The associations, which represent commercial ship owners and operators, raised a number of procedural challenges...

State standards, §303(a), State certification, §401

PacifiCorp Environmental Remediation Co. v. Washington State Department of Transportation

41 ELR 20255
No. 39699-8-II (Wash. Ct. App., July 2011)

A Washington appellate court affirmed a lower court decision holding the state transportation agency liable to two utilities for contribution costs incurred at the Thea Foss Waterway, a Superfund site, under the state's Model Toxics Control Act (MTCA). The agency argued that the lower court...

Disposal site cleanup, Washington