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Weekly Cases Update Volume 41, Issue 27

Monsanto Co. v. Bowman

41 ELR 20297
2010-1068 (Fed. Cir. , September 2011)

The Federal Circuit affirmed a lower court decision that a farmer committed patent infringement when he planted second-generation "commodity seeds" that contained genetically altered seeds covered by a patent. The seed manufacturer restricts the use of its patented seeds to a single crop...

Agriculture

Minard Run Oil Co. v. United States Forest Service

41 ELR 20294
Nos. 10-1265, -2332 (3d Cir., September 2011)

The Third Circuit upheld a preliminary injunction against the U.S. Forest Service prohibiting it from halting any drilling in the Allegheny National Forest until a multi-year, forestwide EIS under NEPA is complete. Until recently, oil and gas drilling in the Forest was managed through a...

Environmental impact statement (EIS), Forests

In re Consolidated Salmonid Cases

41 ELR 20300
1:09-CV-01053 et al. (E.D. Cal., September 2011)

A district court, in a 279-page opinion, held that NOAA-Fisheries' 2009 biological opinion (BiOp) and reasonable and prudent alternative (RPA) addressing Central Valley Project and State Water Project impacts on Chinook salmon, steelhead, green sturgeon, and Southern Resident killer whales...

Biological opinion, §7(b)

Sandlands C&D v. County of Horry

41 ELR 20298
27042 (S.C., September 2011)

The Supreme Court of South Carolina held that the South Carolina Solid Waste Policy and Management Act (SWPMA) does not preempt a county ordinance requiring solid waste generated within the county to be deposited at a county or county-approved landfill. A hauling company and a landfill that...

Collection and disposal, South Carolina

Natural Resources Defense Council v. United States Environmental Protection Agency

41 ELR 20295
No. 08-377 (2d Cir., September 2011)

The Second Circuit vacated in part EPA's risk assessments for the pesticide dichlorvos. To determine safe levels of exposure to dichlorvos for certain exposure scenarios, EPA relied heavily on a single study in which six people were paid to ingest a dose of the pesticide every day for three...

Davis v. Administrator of the United States Environmental Protection Agency

41 ELR 20299
10-15513, 11-1113 (11th Cir., September 2011)

The Eleventh Circuit affirmed a lower court decision dismissing individuals' claims that a city violated its NPDES permit for municipal separate storm sewer systems (MS4s). They alleged that the city's MS4 discharges into an estuary are causing and contributing to ongoing violations of the...

Stormwater discharges, 402(p)

Merrill v. Ohio Department of Natural Resources

41 ELR 20296
2011-OHIO-4612 (Ohio, September 2011)

The Supreme Court of Ohio held that the territory of Lake Erie held in trust by the state of Ohio extends to the natural shoreline, which is the line at which the water usually stands when free from disturbing causes. Case law from 1878 and 1916, as well as the Fleming Act, enacted by the...

Ohio, Public trust doctrine, Shoreline use