Weekly Cases Update Volume 41, Issue 4

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 41, Issue 4

ELR 20084No. 08-15780(9th Cir., )

The Ninth Circuit amended dicta set forth in its prior opinion at 40 ELR 20233, which held that property owners and three employees of the California Department of Fish and Game did not violate the ESA when they dug up and removed Sebastopol meadowfoam—an endangered plant species—from privately .

Keywords:
Wetlands, "Take," §9(a)(1)(B)
ELR 20076No. 4:CV 09-015-BLW(D. Idaho, )

A district court upheld the FWS' biological opinion and the U.S. Forest Service's EIS and record of decision for the Idaho Roadless Rule.

Keywords:
Idaho, Environmental impact statement (EIS), Biological opinion, §7(b)
ELR 20085No. 08-04927(N.D. Cal., )

A district court ruled in favor of the defendant in a property owners' suit seeking to recover damages, cleanup costs, and a cleanup injunction resulting from environmental contamination on their property allegedly caused by an oil company.

Keywords:
Imminent and substantial endangerment, §7002(a)(1)(B)
ELR 20086No. 2:10-01189(S.D. W. Va., )

A district court granted a motion to transfer the West Virginia environmental agency's action against EPA and the U.S. Army Corps of Engineers challenging their permitting processes for coal mining to the D.C.

Keywords:
Venue, Permit procedures
ELR 20081No. 10-1663(E.D. La., )

A district court held DOI in contempt of court for imposing a second moratorium on deepwater oil drilling in the Gulf of Mexico after the court preliminarily enjoined the agency from enforcing the agency's original moratorium.

Keywords:
Secretary's powers

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