Weekly Cases Update Volume 42, Issue 2

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 34

ELR 2034709-36100 et al.(9th Cir., )

The Ninth Circuit affirmed in part and reversed in part a lower court decision vacating the FWS' decision to remove the Yellowstone distinct population segment of grizzly bears from the ESA's threatened species list.

Keywords:
Threatened species listing, Bears
ELR 2035010-2130-PHX-DGC(D. Ariz., )

A district court set aside and remanded the FWS' 12-month finding that the desert bald eagle does not qualify as a distinct population segment (DPS) of bald eagles entitled to statutory protection under the ESA.

Keywords:
Findings on petitions to list, §4(b)(3), Wildlife (generally)
ELR 2034810-0927(D.D.C., )

A district court upheld the National Marine Fisheries Service's (NMFS') decision to list the Cook Inlet beluga whale as endangered under the ESA.

Keywords:
Endangered species listing, Whales
ELR 2034911-514,(D.D.C., )

A district court denied an environmental group's motion to preliminarily enjoin the DOE from providing funding assistance for the construction and operation of a coal-fired power plant in Mississippi.

Keywords:
Energy, Department of, Likelihood of success on the merits, Injunctive relief
ELR 203512:09 CV 1100(W.D. La., )

A district court held that an oil company is liable for property damages caused by its predecessor-in-interest who conducted oil and gas exploration and production activities on the site under three subleases.

Keywords:
Property, Hazardous wastes & substances