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Weekly Cases Update Volume 44, Issue 33

Alliance for the Wild Rockies v. United States Department of Agriculture

ELR 20246
13-35253 (9th Cir., November 2014)

The Ninth Circuit dismissed an environmental group's ESA and NEPA claims against FWS, the National Park Service (NPS), and the state of Montana in a case concerning the "helicopter hazing" of bison in Yellowstone National Park. To minimize disease transfer between wild bison and cattle in the...

Jeopardize species/habitat, §7(a)(2), Bears

Humane Society of the United States v. Pritzker

ELR 20247
11-1414 (D.D.C., November 2014)

A district court vacated and remanded the National Marine Fisheries Service's (NMFS') decision denying environmental and animal rights groups' petitions to list the porbeagle shark as endangered or threatened under the ESA. When NMFS receives a petition to list a species, it must make an initial...

Findings on petitions to list, §4(b)(3), Sharks

Strategic Environmental Partners, LLC v. New Jersey Department of Environmental Protection

ELR 20249
A-5283-12T3 (N.J. Super. Ct. App. Div., November 2014)

A New Jersey appellate court held that the state environmental agency exceeded its authority when it seized control of a privately owned landfill under an emergency order intended to abate an alleged imminent threat to the environment arising from continued emissions of hydrogen sulfide. The...

Industrial waste landfills, New Jersey Solid Waste Management Act, Sanitary landfills

In re Oil Spill by the Oil Rig "Deepwater Horizon"

ELR 20248
MDL 2179 (E.D. La., November 2014)

A district court denied an oil company's motion to amend the findings, alter the judgment, or order a new trial in the Deepwater Horizon case in which the court found the company grossly negligent in the 2010 Gulf of Mexico oil spill. The company argued that it repeatedly objected to...

Liability, §1002, Testimony by experts, Outer Continental Shelf Lands Act (OCSLA), Water