Weekly Cases Update Volume 43, Issue 6

Dow AgroSciences LLC v. National Marine Fisheries Service

ELR 20043

11-2337 (4th Cir., February 2013)

The Fourth Circuit vacated a biological opinion the National Marine Fisheries Service (NMFS) prepared as part of EPA's reregistration process for three pesticides—chlorpyrifos, diazinon, and malathion. The biological opinion concluded that the pesticides would jeopardize the viability of certain...

Keywords: Reregistration, §4, Biological opinion, §7(b)

McGuire v. United States

ELR 20037

12-5073 (Fed. Cir., February 2013)

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The Federal Circuit affirmed a lower court decision dismissing an individual's regulatory takings claim against the Bureau of Indian Affairs (BIA) for refusing to replace a bridge he used to access portions of land he leased from the Colorado River Indian Tribes. The individual did not claim...

Keywords: Regulatory takings

Menasha Corp. v. United States Department of Justice

ELR 20036

12-1720 (7th Cir., February 2013)

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The Seventh Circuit held that memos and emails exchanged between two sections of the DOJ Environment and Natural Resources Division should not be disclosed as part of a FOIA request in an underlying Superfund case. A company challenging the proposed consent decree and seeking contribution from...

Keywords: Freedom of Information Act (FOIA)

Gmoser's Septic Service, LLC v. Charter Township of East Bay

ELR 20041

30999 (Mich. Ct. App., February 2013)

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A Michigan appellate court held that Michigan's Natural Resources and Environmental Protection Act does not preempt a local ordinance requiring all septic tank waste collected from within a township to be taken to a specific treatment facility. Although the state legislature enacted a...

Keywords: Natural Resources and Environmental Protection Act, Solid

Shieldalloy Metallurgical Corp. v. Nuclear Regulatory Commission

ELR 20040

11-1449 (D.C. Cir., February 2013)

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The D.C. Circuit held that NRC's transfer of authority to New Jersey over nuclear materials within the state was arbitrary and capricious. The NRC may transfer regulatory authority over classes of nuclear materials located within a state to the government of that state. But here, the agency...

Keywords: Nuclear Regulatory Commission (NRC), Nuclear Waste, Nuclear waste, Safety of nuclear power plant operations

Alameda County Flood Control v. Department of Water Resources

ELR 20038

C065522 (Cal. Ct. App. 3d Dist., February 2013)

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A California appellate court upheld the California Department of Water Resources' (DWR's) method for crediting State Water Project (SWP) water recipients with revenues from hydropower generated at the Oroville Dam. DWR purchases the hydropower for use within the SWP, but some of it is pooled...

Keywords: Hydroelectric projects, Water (generally)

Southern Crushed Concrete, LLC v. City of Houston

ELR 20039

11-0270 (Tex., February 2013)

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The Texas Supreme Court held that the Texas Clean Air Act (TCAA) preempts a city ordinance prohibiting a company from moving its concrete-crushing operations to a new location. The TCAA provides that a municipal ordinance may not prohibit any acts approved or authorized by the Texas Commission...

Keywords: Air pollution

Los Angeles, City of v. Kern, County of

ELR 20042

F063381 (Cal. Ct. App. 5th Dist., February 2013)

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A California appellate court upheld a lower court decision preliminarily enjoining a county from enforcing a voter-approved ballot measure banning the use of agricultural fertilizer made from recycled municipal sewage sludge in unincorporated areas of the county. The application of this...

Keywords: Solid, Solid waste

Weekly Cases Update Volume 43, Issue 6

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