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Weekly Cases Update Volume 41, Issue 7

Dow AgroSciences LLC v. National Marine Fisheries Service

41 ELR 20103
No. 09-1968 (4th Cir. , March 2011)

The Fourth Circuit held that a biological opinion issued by the National Marine Fisheries Service as part of EPA's process of reregistering the insecticides chlorpyrifos, diazinon, and malathion is subject to judicial review under the APA. The Service's biological opinion concluded that...

Held included, Reregistration, §4, Biological opinion, §7(b)

Bollay v. California Office of Administrative Law

41 ELR 20102
No. C063268 (Cal. Ct. , March 2011)

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. Although the state agency...

Interpretative rule exemption, §553(b)(3)(A), Land use, Shoreline use

United States v. California Department of Transportation

41 ELR 20106
No. C 09-0437 PJH (N.D. Cal. , February 2011)

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 1938 permit...

Land use, Parks, National Parks System

Robarge v. Tecumseh Products Co.

41 ELR 20104
No. 295418 (Mich. Ct. App., February 2011)

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. Adkins...

Michigan, Nuisance, Groundwater

Jackson v. General Motors Corp.

41 ELR 20105
No. 08 Civ. 10879 (PAC) (S.D.N.Y., February 2011)

A district court held that the CAA preempts a city transit employee's negligence and strict liability claims against a company for injuries stemming from diesel exhaust fumes. The employees alleged that the design of the company's buses violated the emissions standards set out in the CAA...

Held preempted, Negligence, Strict liability

Darensburg v. Metropolitan Transportation Commission

41 ELR 20101
No. 09-15878 (9th Cir., February 2011)

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. Although the plaintiffs’...

Civil rights claims