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Weekly Cases Update Volume 42, Issue 27

Native Village of Kivalina v. ExxonMobil Corp.

ELR 20195
09-17490 (9th Cir., September 2012)

The Ninth Circuit affirmed a lower court decision dismissing an Eskimo village's nuisance claim against multiple oil, energy, and utility companies for their alleged contribution to climate change. The village claimed that the companies are responsible for a substantial portion of the greenhouse...

Climate Change (generally), Separation of powers

Earth Island Institute v. United States Forest Service

ELR 20194
11-16718 (9th Cir., September 2012)

The Ninth Circuit held that the U.S. Forest Service's Angora Fire Restoration Project in the Lake Tahoe Basin Management Unit (LTBMU) complies with the National Forest Management Act (NFMA) and NEPA. Environmental groups argued that the NMFA required the Forest Service to demonstrate at the...

Land and resource management plans (LRMPs), §6, National forests

United States v. Maury

ELR 20192
Nos. 09-2305 et al. (3d Cir., September 2012)

The Third Circuit upheld the conviction of a pipe foundry company and four of its employees for various environmental crimes, including conspiring to commit environmental pollution and worker safety violations, attempting to cover up or impede federal investigation of those violations, and...

Enforcement and Compliance

United States v. Citgo Petroleum Corp.

ELR 21093
C-06-563 (S.D. Tex., September 2012)

A district court held that 15 community members of Corpus Christi, Texas, are victims under the Crime Victims Rights Act (CVRA) for environmental crimes committed by a petroleum refining company. The company was convicted of two counts of criminally violating the CAA at its refinery. The court...

Enforcement and Compliance

Coalition for Clean Air v. City of Visalia

ELR 20191
F062983 (Cal. Ct. App. 5th Dist., September 2012)

A California appellate court reversed a lower court decision dismissing environmental groups' lawsuit against a city for violating the California Environmental Quality Act (CEQA) in connection with its approval of a company's proposal to build a large distribution facility. The city filed a...

Environmental Assessment/Impact Statement, Exemptions