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Weekly Cases Update Volume 43, Issue 11

Learjet, Inc. v. Oneok, Inc.

43 ELR 20081
11-16786 et al. (9th Cir., April 2013)

The Ninth Circuit reversed in part and affirmed in part lower court orders in cases arising out of the energy crisis of 2000-2002 that were consolidated into a multidistrict litigation proceeding. Plaintiffs—retail buyers of natural gas—alleged that defendants—natural gas traders—manipulated the...

Energy (generally), Natural Gas Act (NGA)

Ladd v. United States

43 ELR 20082
2012-5086 (Fed. Cir., April 2013)

The Federal Circuit reversed the dismissal of landowners "rails to trails" takings claims against the government. The landowners alleged that the government's issuance of a Notice of Interim Trail Use or Abandonment (NITU) in 2006 constituted a compensable Fifth Amendment taking because it...

Inverse condemnation, Rails-to-trails conversions, §8(d)

Paskar v. United States Department of Transportation

43 ELR 20077
10-4612 (2d Cir., April 2013)

The Second Circuit dismissed a petition for review challenging an FAA letter endorsing a series of recommendations made by a panel of experts regarding the impact of a proposed marine trash-transfer facility on safe airport operations at New York's LaGuardia Airport. The expert panel found that...

Held not included

Firebaugh Canal Water District v. United States

43 ELR 20080
11-17715 (9th Cir., April 2013)

The Ninth Circuit affirmed a lower court's grant of summary judgment in favor of DOI in water districts' lawsuit challenging the agency's management of California's Central Valley Project. The water districts argued that DOI should be ordered to provide the necessary drainage or, alternatively,...

Central Valley Project (CVP), Held unreviewable, Included, Water (generally)

PCS Nitrogen Inc. v. Ashley II of Charleston LLC

43 ELR 20078
11-1662 et al. (4th Cir., April 2013)

The Fourth Circuit affirmed a lower court decision allocating response costs to various PRPs in connection with the cleanup of hazardous substances at a former fertilizer manufacturing site in Charleston, South Carolina. After incurring response costs, the current owner of a portion of the site...

Apportionment, Joint and several liability, Successor corporations

Ecological Rights Foundation v. Pacific Gas & Electric Co.

43 ELR 20079
11-16042 (9th Cir., April 2013)

The Ninth Circuit affirmed the dismissal of an environmental group's citizen suit against two electric companies alleging that their utility poles discharged wood preservative into the environment in violation of the CWA and RCRA. The group failed to state a claim under the CWA because...

Held not included, Coverage, Held not included

Center for Biological Diversity v. Bureau of Land Management

43 ELR 20076
C 11-06174 PSG (N.D. Cal., March 2013)

A district court held that BLM violated NEPA when it sold four oil and gas leases on approximately 2,700 acres of federal land in Monterey and Fresno counties without considering impacts from hydraulic fracturing. The leases are located in California's Monterey Shale Formation, which is...

Discussion of, held inadequate, Energy (generally), Held required for