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Weekly Cases Update Volume 42, Issue 29

Western Watersheds Project v. Ellis

42 ELR 20205
11-35464 (9th Cir., October 2012)

The Ninth Circuit affirmed a lower court decision denying an environmental group attorney fees after it successfully challenged BLM's post-fire grazing decisions and authorizations in the Jarbridge Resource Area in Idaho. In 2004, an environmental group filed suit against BLM challenging its...

Attorneys fees, Livestock grazing

Voices for Rural Living v. El Dorado Irrigation District

42 ELR 20206
C064280 (Cal. Ct. App. 3d Dist., October 2012)

A California appellate court reversed in part a lower court decision granting a petition to vacate an irrigation district's approval of an agreement to provide water to a casino on tribal land. In approving the agreement, the irrigation district determined that the agreement was not subject to...

Environmental Assessment/Impact Statement, Environmental impact reports (EIRs)

Jeffrey v. Ryan

42 ELR 20208
2012-001254 (N.Y. Sup. Ct., October 2012)

A New York court struck down a city's local ordinance that placed a two-year moratorium on hydraulic fracturing within its borders. The city argued that it issued the ordinance under its local police powers and that it was therefore not required to refer the law to the county planning board...

Energy (generally), Land use, Zoning

Aronow v. State

42 ELR 20210
A12-0585 (Minn. Ct. App., October 2012)

A Minnesota appellate court affirmed a lower court decision dismissing an individual's lawsuit against the state for violating the public trust doctrine with respect to climate change. In his complaint, the individual alleged that the state's commitment to a 15% reduction in Minnesota’s...

Climate Change (generally), Minnesota

NCR Corp. v. Transport Insurance Co.

42 ELR 20207
2011AP192 (Wis. Ct. App., September 2012)

A Wisconsin appellate court reversed in part a lower court judgment declaring that an excess umbrella policy issued to an electronics company provided coverage for the company's liability for PCB contamination of the Lower Fox River in Wisconsin. The lower court correctly chose to apply...

Excess liability policy, Polychlorinated biphenyls (PCBs)

Citizens for Pennsylvania's Future v. Ultra Resources, Inc.

42 ELR 20209
4:11·CV·1360 (M.D. Pa., September 2012)

A district court denied a company's motion to dismiss an environmental group's CAA citizen suit against it for building seven compressor stations without first obtaining a nonattainment new source review permit. The company claimed that it properly applied for and received less stringent permits...

Air pollution, District court jurisdiction, §304(a), New source review