Weekly Cases Update Volume 41, Issue 6

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 10

ELR 20125No. 09-4046(10th Cir., )

The Tenth Circuit held that an individual's conviction under the Bald and Golden Eagle Protection Act for unlawfully possessing 141 eagle feathers does not violate the Religious Freedom Restoration Act of 1993.

Keywords:
Taking, possessing, or offering to sell bald or golden eagle parts, 16 U.S.C. §688
ELR 20128No. 2009-5121(Fed. Cir. , )

The Federal Circuit held that the U.S.

Keywords:
Quantity, Permanent physical takings
ELR 20127No. 09-2122(D.D.C. , )

A district court vacated the FWS' removal of the Virginia Northern Flying Squirrel from the list of endangered species.

Keywords:
Endangered species listing
ELR 20130No. 09-1704(D.D.C. , )

A district court held that the Secretary of the Interior violated FLPMA and the APA when he withdrew a record of decision (ROD) adopting six revised resource management plans, collectively known as the Western Oregon Plan Revisions, for 2.5 million acres of BLM lands in western Oregon.

Keywords:
Resource management plans (RMPs)
ELR 20132No. 3:08CV429(D. Conn. , )

A district court held that utilities who sold used transformers to a scrap metal company in the 1970s are not liable under CERCLA or the Connecticut Environmental Protection Act.

Keywords:
Arrangers, Polychlorinated biphenyls (PCBs)
ELR 20133No. 10-2298(D. Kan. , )

A district court dismissed a city's CERCLA §107(a) suit against the United States to recover past and future response costs incurred at the former Schilling Air Force Base area in Salina, Kansas. CERCLA §113(h) bars challenges to ongoing response actions being taken under §104.

Keywords:
Held to preclude
ELR 20134No. 09-370(D.N.H., )

A district court held that the current owner of a service station may be held liable under CERCLA for the actions of its predecessor and therefore dismissed the owner's motion for summary judgment.

Keywords:
Owners and operators, Successor corporations
ELR 20131No. 09 C 4472(N.D. Ill., )

A district court held that insurers have no duty to defend or indemnify a city in over two dozen underlying lawsuits alleging that the city delivered contaminated tap water to its residents. The insurance policies at issue contain pollution exclusion clauses.

Keywords:
Pollution exclusion clause, Water (generally)

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