Weekly Cases Update Volume 42, Issue 4

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 42, Issue 5

ELR 2003208-17565(9th Cir., )

The Ninth Circuit reversed in part and affirmed in part a lower court decision that U.S. Forest Service complied with NEPA and the APA when it amended the Sierra Nevada forest plan in 2004.

Keywords:
Sierra Nevada National Forest, Cal., Discussion of, held inadequate
ELR 200342:07-cv-14122(11th Cir., )

The Eleventh Circuit held that the Federal Highway Administration (FHwA) did not violate NEPA or §4 of the DOT Act in its planning and development of a bridge project in Florida.

Keywords:
Discussion of, held adequate
ELR 2003711-2381(7th Cir., )

The Seventh Circuit held that automobile owners should not be held liable under CERCLA for costs incurred responding to automobile accidents.

Keywords:
Consumer product in consumer use exception
ELR 200382:11-cv-003349(E.D. Cal., )

A district court remanded to state court landowners' claims for damages caused by defendants' alleged disposal of hazardous materials on their property.

Keywords:
Removal
ELR 2003304-1230(D.D.C., )

A district court granted an environmental group's motion for reconsideration and overturned its previous decision upholding the DOI's "Counterpart ESA §7 Consultation Regulations" for National Fire Plan (NFP) projects.

Keywords:
National forests, Interagency consultation, §7(a)
ELR 200364:10-CV-229(D. Idaho, )

A district court upheld the FWS' "warranted-but-precluded" finding for the sage-grouse under the ESA.

Keywords:
Determination of endangered and threatened species, §4
ELR 2003510-7135(D.C. Cir., )

The D.C. Circuit held that a city has standing to challenge a railroad company's sale of a historic elevated railroad embankment to developers.

Keywords:
Property, Held satisfied, Held satisfied
ELR 2003910-16711(9th Cir., )

The Ninth Circuit held that the U.S. Forest Service exceeded the scope of its authority under the Federal Lands Recreation Enhancement Act by charging fees to those who drive to Mount Lemmon, park their cars, and then picnic, hike, or camp in nearby undeveloped areas.

Keywords:
National recreation areas

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