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Weekly Cases Update Volume 41, Issue 33

Theodore Roosevelt Conservation Partnership v. Salazar

41 ELR 20345
10-5386 (D.C. Cir., November 2011)

The D.C. Circuit upheld BLM’s decision to allow additional natural gas drilling in the Pinedale Anticline Project Area of western Wyoming. In 2008, the BLM adopted a record of decision (ROD) that, among other things, authorized the development of more natural gas wells than a previous ROD...

Discussion of, held adequate, Land use planning, §202

Rock Creek Alliance v. U.S. Fish & Wildlife Service

41 ELR 20339
10-35596 (9th Cir., November 2011)

The Ninth Circuit held that the FWS' determination that a proposed mining project in northwest Montana would result in "no adverse modification" to critical bull trout habitat and would result in "no jeopardy" to the local grizzly bear population was not arbitrary, capricious, or in...

Bears, Jeopardize species/habitat, Bull trout

In re Oil Spill by the Oil Rig "Deepwater Horizon"

41 ELR 20340
2179 (E.D. La., November 2011)

A district court held that an oil company may not seek insurance coverage for damages it incurred following the Deepwater Horizon oil spill under the oil rig owner's insurance policies. The underlying insurance policies refer to the drilling contract between the rig owner and the oil...

Insurance, Oil Pollution Act (OPA)

Save Strawberry Canyon v. U.S. Department of Energy

41 ELR 20344
C 11-01564 WHA (N.D. Cal., November 2011)

A district court held that DOE complied with NEPA when it determined that the construction of a "supercomputer" project on a college campus would have no significant environmental impact and did not require an EIS. The EA took a hard look at direct and indirect greenhouse gas (GHG) emissions...

Held not required for

Lancaster v. Northern States Power Co.

41 ELR 20342
11-619 (D. Minn., November 2011)

A district court dismissed property owners' CERCLA, tort, and state-law claims against a power company for alleged PCB contamination. A former employee of the company lived at the property before it was sold to the current owners. While working for the company, the employee removed PCB-...

Causation, proof of, Citizen suits, §310

Sierra Recycling & Demolition, Inc. v. Chartis Specialty Insurance Co.

41 ELR 20343
1:11-cv-00500-AWI-MJS (E.D. Cal., November 2011)

A district court held that an insurance company should have provided coverage to a demolition company for damages stemming from its disposal of contaminated waste at a recycling drop-off center. The insurance policy excludes coverage for damages arising from the final disposal of any...

Hazardous, Held not to bar