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Weekly Cases Update Volume 43, Issue 19

Swanson Group Mfg. LLC v. Salazar

ELR 20141
10-1843 (D.D.C., June 2013)

A district court held unlawful BLM's methodology for assessing the impact of federal actions on the northern spotted owl as well as its failure to offer for sale a declared amount of timber from two western Oregon districts. Under the Oregon and California Lands Act of 1937 (O&C Act), once...

Timber Sales, Northern spotted owl

Exxon Mobil Corp. v. Ford

ELR 20145
16 (Md., June 2013)

Maryland's highest court denied requests to reconsider two of its prior rulings in which it reversed a lower court's decision awarding residents punitive damages for emotional distress and medical monitoring. Below, the residents claimed that an oil company was responsible for contaminating...

Emotional distress, Methyl tertiary butyl ether (MTBE), Tort law

Markle Interests, LLC v. United States Fish & Wildlife Service

ELR 20142
13-0234 (E.D. La., June 2013)

A district court granted environmental groups' motion to intervene in a landowner's lawsuit challenging FWS' critical habitat designation for the dusky gopher frog in portions of Louisiana and Mississippi. The landowner, who owns property that falls within the designation, argued that the...

As of right, by subject matter interest, FRCP 24(a)(2), Critical habitat designation

Exxon Mobil Corp. v. Albright

ELR 20144
15 (Md., June 2013)

Maryland's highest court denied requests to reconsider two of its prior rulings in which it reversed a lower court's decision awarding residents punitive damages for emotional distress and medical monitoring. Below, the residents claimed that an oil company was responsible for contaminating...

Emotional distress, Methyl tertiary butyl ether (MTBE), Tort law

Save Panoche Valley v. San Benito County

ELR 20143
H037599 (Cal. Ct. App. 6th Dist., June 2013)

A California appellate court upheld a county's certification of an environmental impact report (EIR) regarding a proposed solar power development. A citizens group argued that the county violated the California Environmental Quality Act when it certified the EIR and approved the project because...

Agriculture, Energy (generally), Environmental Assessment/Impact Statement, Environmental impact reports (EIRs)

Koontz v. St. Johns River Water Management District

ELR 20140
11-1447 (U.S., June 2013)

The U.S. Supreme Court held that a government's demand for property from a land use permit application must satisfy the "nexus" and "rough proportionality" requirements of Nollan v. California Coastal Comm'n, 483 U.S. 825,...

Just compensation, Taking of private property