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Weekly Cases Update Volume 43, Issue 5

Citizens for a Healthy Community v. United States Department of the Interior

ELR 20032
12-cv-01661 (D. Colo., February 2013)

A district court held that BLM must disclose the names of companies who have submitted an "expression of interest" (EOI) in obtaining an oil and gas lease on certain public lands in Colorado. The EOI is the first step in the competitive bidding process for federal oil and gas leases. An...

Exemption No. 4, Natural Resources (generally)

Save Cuyama Valley v. County of Santa Barbara

ELR 20031
B233318 (Cal. App. 2d Div., February 2013)

A California appellate court upheld a county's approval of a sand and gravel mining pit along a riverbed. An environmental group seeking to overturn the approval argued that the environmental impact report (EIR) that formed the basis of the county's decision violated the California Environmental...

Environmental Assessment/Impact Statement, Environmental impact reports (EIRs)

Hearth, Patio & Barbecue Ass'n v. United States Department of Energy

ELR 20034
10-1113 (D.C. Cir., February 2013)

The D.C. Circuit vacated and remanded a DOE rule requiring decorative fireplaces to meet certain energy efficiency standards under the Energy Policy and Conservation Act. The rule defined "vented hearth heater" to include both decorative fireplaces and fireplace heaters, thereby subjecting both...

Energy Policy and Conservation Act

AVX Corp. v. United States

ELR 20035
11-1697 (4th Cir., February 2013)

The Fourth Circuit, in an unpublished opinion, affirmed a lower court decision dismissing an electronic manufacturer's CERCLA claim against the United States for costs it incurred cleaning up tricholoroethylene (TCE) contamination on a parcel of property in Myrtle Beach, South Carolina. The...

Held not available

Premiere Associates, Inc. v. EXL Polymers, Inc.

ELR 20033
12-10325 (11th Cir., February 2013)

The Eleventh Circuit, in an unpublished opinion, held that recycled carpet waste, known as carpet selvedge, is a "recovered material" that has the potential for reuse and not a solid waste under RCRA or Georgia law. Accordingly, a carpet manufacturer that sent carpet selvedge to a site for...

Held not included