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Weekly Cases Update Volume 41, Issue 5

Idaho Conservation League v. Guzman

41 ELR 20090
No. CV 4:10-26-E-REB (D. Idaho , February 2011)

A district court held that the U.S. Forest Service's travel management plan for the Salmon-Challis National Forest violates NEPA. Environmental groups argued that the travel plan fails to ensure that motor vehicle use is properly sited and managed on the Forest in order to minimize adverse...

Environmental impact statement (EIS), National forests

Ecological Rights Foundation v. Pacific Gas & Electric Co.

41 ELR 20089
No. C 10-0121 RS (N.D. Cal. , February 2011)

A district court held that an environmental group may go forward with its CWA claim against a gas and electric company for unpermitted stormwater discharges from its service yards, but dismissed the group's RCRA claim. The company filed a motion to dismiss, arguing that its service yards...

Imminent and substantial endangerment, §7002(a)(1)(B), Coverage

Barnum Timber Co. v. United States Environmental Protection Agency

41 ELR 20088
No. 08-17715 (9th Cir., February 2011)

The Ninth Circuit held that a timber company has standing to challenge EPA's decision to retain the Redwood Creek in Northern California as an impaired water body under CWA §303(d). The company has suffered a reduction in the economic value of its property in the Redwood Creek watershed, and the...

Total maximum daily loads (TMDLs), §303(d), Standing

In re Chevron Corp.

41 ELR 20087
No. 10-2815 (3d Cir. , February 2011)

The Third Circuit, in a $113 billion lawsuit against an oil company concerning environmental pollution in the Amazon, affirmed in part and vacated in part a lower court order granting the oil company's application to engage in discovery for use in a proceeding before an Ecuadorian court...

Discovery, South America

Reeser v. NGK North American, Inc.

41 ELR 20091
No. 3275 (Pa. Super. Ct., January 2011)

A Pennsylvania appellate court held that an independent contractor hired to test emissions at a beryllium plant had no legal duty to warn third parties about the health risks stemming from those emissions. To be held liable under §324A of the Restatement (Second) of Torts, the...

Duty to warn