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Weekly Cases Update Volume 41, Issue 32

Ark Initiative v. United States Forest Service

41 ELR 20336
10-1473 (10th Cir., November 2011)

The Tenth Circuit affirmed a lower court decision dismissing a lawsuit challenging the Forest Service's approval of a ski area improvement project near Aspen, Colorado. A conservation group alleged that the Forest Service violated NEPA by approving the project without examining certain...

Actions not reviewable

California Sportsfishing Protection Alliance v. Shamrock Materials, Inc.

41 ELR 20337
C11-2565 (N.D. Cal., November 2011)

A district court denied a sand and gravel company's motion to dismiss environmental and citizen groups' CWA action against it for discharging stormwater associated with industrial activity from one or more point sources at its facility to a river without a NPDES permit. The company argued that...

Coverage

Exxon Mobil Corp. v. United States

41 ELR 20335
09-265C, -882C (Fed. Cl., October 2011)

The Court of Federal Claims held that the U.S. government is liable for costs an oil company incurred cleaning up contamination stemming from the production of aviation gasoline at its Baytown, Texas, and Baton Rouge, Louisiana, refineries during World War II. In the early 1940s, the company's...

Government contracts, Hazardous Substances

Emhart Industries, Inc. v. United States Department of the Air Force

41 ELR 20334
11-023 (D.R.I., October 2011)

A district court granted in part and denied in part the government's motion to dismiss a company's action for damages and declaratory relief in connection with dioxin contamination at the Centredale Manor Superfund site in Connecticut. The government argued that the company could not bring a...

Claims not barred, Scope of liability

WildEarth Guardians v. United States Forest Service

41 ELR 20338
08-cv-02167 (D. Colo., October 2011)

A district court upheld the U.S. Forest Service's environmental review of a coal mine expansion project in the Grand Mesa, Uncompahgre, and Gunnison National Forests. An environmental group argued that the final EIS failed to adequately consider methane capture and flaring as reasonable...

Discussion of, held adequate