Weekly Cases Update Volume 41, Issue 9

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 21

ELR 2023910-5299(D.C. Cir., )

The D.C. Circuit vacated the National Marine Fisheries Service's (NMFS') methodology for tracking bycatch in the fisheries off the Northeastern coast of the United States.

Keywords:
Catch quotas, Oceans
ELR 2023609-4551(2d Cir., )

The Second Circuit affirmed a lower court decision dismissing residents' RCRA claims against a minerals processing plant.

Keywords:
60-day notice requirement, §7002(b)(1), 90-day notice of endangerment requirement, §7002(b)(2)(A)
ELR 2023709-56092(9th Cir., )

The Ninth Circuit reversed a lower court decision dismissing parents' suit against the United States under the Federal Tort Claims Act (FTCA) for injuries their child allegedly suffered due to exposure to thallium—a toxic heavy metal—from soil dumped into a landfill adjacent to the child&#03

Keywords:
Not included, Toxic Substances (generally)
ELR 2024005-181(E.D. Ky., )

A district court dismissed environmental groups' suit for declaratory and injunctive relief challenging the U.S. Army Corps of Engineers' nationwide permitting program, and, specifically, its use throughout the Appalachian region to issue permits for mining activities.

Keywords:
National Environmental Policy Act (NEPA), Nationwide permits
ELR 20242 C 10-04360 WHA(N.D. Cal., )

A district court preliminarily enjoined the California transportation agency's proposal to widen a highway that runs through old-growth redwood trees in Richardson Grove State Park.

Keywords:
Injunctions, FRCP 65, Forests, Wild and Scenic Rivers Act (WSRA), Environmental impact statement (EIS)
ELR 20238S180720(Cal., )

California's highest court reversed a lower court decision that a city needed to prepare an environmental impact report (EIR) for a local ordinance banning the use of plastic bags by local businesses.

Keywords:
Environmental impact reports (EIRs)
ELR 20235 DV-11-424(Mont. 4th Dist., )

A Montana court preliminarily enjoined the state transportation agency from issuing permits to an oil company that would allow it to transport oversized oilfield equipment through the state to the Canadian border for use in tar sand and mining production in Alberta.

Keywords:
Environmental Policy Act
ELR 20241No. 10-02322(N.Y. App. Div., )

A New York appellate court affirmed a lower court decision denying a company's motion for summary judgment in property owners' suit concerning damages arising from the discharge of trichloroethylene (TCE) into the ground from an industrial plant formerly operated by the company.

Keywords:
New York, Toxic torts