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Weekly Cases Update Volume 42, Issue 13

North Carolina Wildlife Federation v. North Carolina Department of Transportation

42 ELR 20099
No. 11-2210 (4th Cir., May 2012)

The Fourth Circuit held that the Federal Highway Administration and the North Carolina Department of Transportation violated NEPA when they approved the construction of a 20-mile toll road. In calculating the "no-build" baseline as part of their alternatives analysis, the agencies relied on...

Alternatives, §102(2)(E)

Waste Industries USA, Inc. v. State

42 ELR 20094
COA11-246 (N.C. Ct. App., May 2012)

A North Carolina appellate court held that a state statute that places limitations on the size and location of solid waste landfills does not violate the Commerce Clause by discriminating against out-of-state waste. It is undisputed that the statute, N.C. Gen. Stat. §130A-295.6 (2011), does not...

Collection and disposal, Waste facility siting

Friends of the Everglades v. South Florida Water Management District

42 ELR 20096
No. 11-15053 (11th Cir., April 2012)

The Eleventh Circuit upheld a lower court decision that a Native American tribe was not entitled to attorney fees in an underlying case in which it sought to enjoin a Florida water district from pumping polluted canal water into Lake Okeechobee. In that case, the lower court found in favor of...

Fees denied

Abatti v. Imperial Irrigation District

42 ELR 20098
No. D058329 (Cal. App. 4th Dist., April 2012)

A California appellate court affirmed a lower court decision denying agricultural water users' claim that an irrigation district violated the California Environmental Quality Act (CEQA) when it adopted regulations for the distribution of water in the event of an actual or potential water...

California Environmental Quality Act (CEQA), Irrigation

Atchafalaya Basinkeeper v. Chustz

42 ELR 20097
No. 11-30471 (5th Cir., April 2012)

The Fifth Circuit held that the CWA does not provide citizens the right to sue to enforce the conditions of §404 permits. Environmental groups filed a citizen suit against the Atchafalaya Basin Program, alleging that it violated its dredge and fill permit for Bayou Postillion in Iberia...

Citizen suits, §505

New Jersey Department of Environmental Protection v. Occidental Chemical Corp.

42 ELR 20095
Nos. A-4620-10T2 et al. (N.J. Super. Ct. App., April 2012)

A New Jersey appellate court held that two defendants in a state environmental cleanup suit may seek contribution from numerous third parties under the New Jersey Spill Compensation and Control Act. The state's environmental agency filed environmental cleanup suits against nine business...

Hazardous, New Jersey Spill Act