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Weekly Cases Update Volume 43, Issue 12

Kiobel v. Royal Dutch Petroleum Co.

43 ELR 20083
10-1491 (U.S., April 2013)
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The U.S. Supreme Court held that the presumption against extraterritoriality applies to claims under the Alien Tort Statute (ATS). The case arose after a group of Nigerian nationals residing in the United States filed suit in federal court against certain Dutch, British, and Nigerian oil...

International

Coastside Fishing Club v. California Fish & Game Comm'n

43 ELR 20085
D061121 (Cal. App. 4th Dist., April 2013)
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A California appellate court upheld the denial of a fishing club's petition for a writ of mandate directing the California Fish and Game Commission to vacate its regulations that create Marine Protected Areas and Marine Managed Areas in state waters of an area of the Pacific Ocean known as the...

California Fish and Game Code, Oceans

Village of Bald Head Island v. U.S. Army Corps of Engineers

43 ELR 20086
11-2366, -2368 (4th Cir., April 2013)
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The Fourth Circuit upheld the dismissal of a town's complaint seeking to require the U.S. Army Corps of Engineers to honor commitments the Corps made to it and other North Carolina towns when developing plans to widen, deepen, and realign portions of the Cape Fear River navigation channel. The...

Shoreline use, Dredge and fill, §404

Golden Gate Land Holdings, LLC v. East Bay Regional Park District

43 ELR 20084
A135593 (Cal. App. 1st Dist., April 2013)
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A California appellate court affirmed a lower court decision allowing a park district to go forward with its condemnation action to help complete a shoreline park and trail but ordering the district to prepare an environmental impact report under the California Environmental Quality Act (CEQA)....

Condemnation, Environmental impact reports (EIRs)

Magers v. Chesapeake Appalachia, L.L.C.

43 ELR 20088
5:12CV49 (N.D. W. Va., April 2013)
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A district court denied a motion to dismiss landowners' lawsuit against a gas company for alleged property damage in the form of contaminated well water resulting from Marcellus Shale gas drilling activity occurring on property adjacent to the landowners' property. The landowners provided facts...

Energy (generally)

SZ Enterprises, LLC v. Iowa Utilities Board

43 ELR 20087
CV009116 (Iowa Dist. Ct., March 2013)
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An Iowa court held that a solar energy company is not a public utility under state law. A city sought to enter into a prospective purchaser agreement with the company to supply a portion of the city's electricity needs at certain city premises. On the company's petition for a declaratory order,...

Energy (generally)
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