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Weekly Cases Update Volume 41, Issue 23

Scherer v. United States Forest Service

41 ELR 20259
No. 10-1418 (10th Cir., August 2011)

The Tenth Circuit held that the U.S. Forest Service may charge visitors to Mt. Evans an "amenity fee" under the Recreation Enhancement Act (REA). Plaintiffs, outdoor enthusiasts, argued that the fee exceeds the Service's statutory authority under the REA. But to prevail in a facial challenge to...

National recreation areas

Amigos Bravos v. United States Bureau of Land Management,

41 ELR 20260
Nos. 6:09-cv-00037, -00414 (D.N.M., August 2011)

A district court denied environmental groups' petition for review challenging BLM's and the U.S. Forest Service's approval of several oil and gas lease sales in the San Juan Basin of northern New Mexico. The groups, who were concerned that the leases would contribute to ozone emissions, impact...

Air quality, Discussion of, held adequate, Environmental effects

Amigos Bravos v. United States Bureau of Land Management

41 ELR 20261
Nos. 6:09-cv-00037, -00414 (D.N.M., August 2011)

A district court held that environmental groups lack standing to challenge BLM's approval of two quarterly oil and gas lease sales under the APA, NEPA, FLPMA, and the Mineral Leasing Act. The groups claimed that BLM failed to meaningfully address the issue of climate change in approving the...

"Injury-in-fact" test, Climate Change (generally), Held not satisfied

Department of Fish & Game v. Superior Court of Plumas County

41 ELR 20257
No. C066158 (Cal. App. 3d Dist. , August 2011)

A California appellate court reversed a lower court decision certifying residents' class action lawsuit against the state wildlife agency in connection with efforts to eradicate an invasive species of fish, the northern pike, from a lake and its tributaries. The residents argued that the agency'...

California, Common questions, FRCP 23(b)(3), Wildlife (generally)

Gregory Village Partners, L.P. v. Chevron U.S.A., Inc.

41 ELR 20263
No. 11-1597 (N.D. Cal., August 2011)

A district court granted in part and denied in part motions to dismiss a property owner's CERCLA, RCRA, and state law claims against former owners and operators of nearby properties. One defendant argued that the court lacked subject matter jurisdiction over the RCRA claim because the notice...

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

Greenpeace, Inc. v. Cole

41 ELR 20262
No. 10-35567 (9th Cir., August 2011)

The Ninth Circuit, in an unpublished opinion, reversed a lower court decision granting summary judgment in favor of the U.S. Forest Service in a case challenging its approval of four timber logging projects in the Tongass National Forest. The Forest Service failed to adequately explain it...

Tongass National Forest, Alaska

Georgetown County League of Women Voters v. Smith Land Co.

41 ELR 20258
No. 27006 (S.C., July 2011)

The South Carolina Supreme Court reversed a lower court decision dismissing a group's declaratory judgment action against a developer for filling isolated wetlands on its property without a permit. The lower court, relying on the U.S. Supreme Court's decision in Solid Waste Agency of...

South Carolina, Intrastate, isolated wetlands