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 7
The Ninth Circuit affirmed a lower court decision rejecting claims that a transportation commission's disproportionate emphasis on rail expansion projects over bus expansion projects in its regional transit plan illegally discriminates against minorities.
A district court, on motions for summary judgment, held that the California Department of Transportation is liable to the United States for damages caused to a lake and creek due to runoff from a state-run highway that cuts across federal property—the Presidio in San Francisco.
A California appellate court invalidated a state policy prohibiting development seaward of the most landward historical position of the mean high tide line. The policy is an invalid underground regulation because it was not promulgated as a regulation under the APA.
A Michigan appellate court reversed the dismissal of property owners' nuisance claims against a manufacturing company for groundwater contamination. The lower court relied on Adkins v Thomas Solvent Co., 440 Mich. 293, 487 N.W. 2d 715 (1992), in dismissing the case.