Weekly Cases Update Volume 44, Issue 11

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 44, Issue 27

ELR 2021313-01723(D. Colo.,

A district court issued a final order vacating BLM's and the U.S. Forest Service's approval of on-the-ground mining exploration activities in a part of western Colorado's North Fork Valley.

Keywords:
Mining
ELR 202092014-OHIO-3942(Ohio, )

The Ohio Supreme Court held that a mineral rights owner may be able to strip mine portions of a state wildlife area.

Keywords:
Property rights, Property rights
ELR 2020812-36065(9th Cir., )

The Ninth Circuit upheld a consent decree under CERCLA requiring a PRP to pay $350,000, plus interest, in cleanup costs incurred at a former lead and silver mine site in Bonner County, Idaho.

Keywords:
Approved
ELR 2021011-4143 et al.(2d Cir., )

The Second Circuit affirmed in part and remanded in part a lower court decision holding the corporate successor to a utility's former parent company liable for a portion of costs incurred cleaning up coal tar contamination at manufactured gas plant sites in upstate New York.

Keywords:
Parent corporation liability, Successor corporations
ELR 202115:14-CV-39(N.D. W. Va., )

A district court held that it has subject matter jurisdiction over a CAA §321(a) lawsuit against EPA for its alleged failure to evaluate the potential for job losses due to its CAA regulation and enforcement efforts.

Keywords:
District court jurisdiction
ELR 2020713-4330, -4501(3d Cir., )

The Third Circuit struck down New Jersey's Long Term Capacity Pilot Program Act, which was enacted in 2011 to encourage the construction of new power plants within the state.

Keywords:
New Jersey, Preemption
ELR 2021212-56836(9th Cir., )

The Ninth Circuit affirmed a lower court decision dismissing a Native American tribe's claim that DOI violated the APA in refusing to approve the tribe’s assignments of land to certain of its members.

Keywords:
Bureau of Indian Affairs, Property

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