Jump to Navigation
Jump to Content

Weekly Cases Update Volume 42, Issue 26

Pacific Coast Federation of Fishermen's Assocs. v. Blank

42 ELR 20186
11-17108 (9th Cir., September 2012)

The Ninth Circuit upheld amendments the National Marine Fisheries Service (NMFS) made to the fishery management plan for the trawl sector of the Pacific Coast groundfish fishery. The amendments are designed to increase economic efficiency through fleet consolidation, reduce environmental impacts...

Defenders of Wildlife v. United States Department of the Navy

42 ELR 20185
CV 210-014 (S.D. Ga., September 2012)

A district court dismissed environmental groups' NEPA and ESA lawsuit challenging the U.S. Navy's decision to install an undersea warfare training range off the coast of Jacksonville, Florida. The range is to be located offshore of federally designated critical habitat and adjacent to the only...

Minard Run Oil Co. v. United States Forest Service

42 ELR 20190
09-125 (W.D. Pa., September 2012)

A district court vacated a 2009 settlement agreement between the U.S. Forest Service and environmental groups that banned oil and gas drilling in the Allegheny National Forest pending the completion of a multi-year, forestwide EIS under NEPA. The court previously issued a preliminary injunction...

Oneida Tribe of Indians of Wisconsin v. Hobart, Wisconsin

42 ELR 20189
10-C-137 (E.D. Wis., September 2012)

A district court held that a village lacks authority to impose storm water fees on parcels of Native American land held in trust by the United States. The parcels are situated within the village's and tribe's common boundaries. The village contends that the charges constitute fees for the...

Colorado Department of Public Health & Environment v. United States

42 ELR 20188
09-1554 (10th Cir., September 2012)

The Tenth Circuit held that a congressional mandate calling for the U.S. Army's destruction of chemical weapons at a depot near Pueblo, Colorado, preempts Colorado's authority to regulate hazardous waste within the state. Since the 1950s, the United States has stored chemical weapons at the...

Rumpke Sanitary Landfill, Inc. v. Colerain Township

42 ELR 20187
2012-Ohio-3914 (Ohio, September 2012)

The Supreme Court of Ohio held that a private sanitary landfill is not a public utility and is therefore subject to township zoning regulations. The landfill owner sought a change in zoning for adjacent property so he could expand the landfill. After the request was denied, the owner claimed...