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 8
The Supreme Court of Wyoming reversed and remanded a lower court decision affirming the Wyoming Oil and Gas Conservation Commission's denial of a request for public records documenting the identities of chemicals used in hydraulic fracturing operations in the state.
The U.S. Supreme Court held that a railroad right-of-way that crossed land the United States conveyed to a family in a 1976 land patent was an easement that was extinguished when the railroad formally abandoned it in 2004, thereby leaving the family's land unburdened. The U.S.
A California appellate court, in a pair of related cases, held that the California Department of Water Resources's environmental impact report (EIR) for an underground water bank in southern California violated the California Environmental Quality Act.
A California appellate court, in a pair of related cases, held that the California Department of Water Resources's environmental impact report (EIR) for an underground water bank in southern California violated the California Environmental Quality Act.
A district court held that an insurance company has a duty to defend a commercial property owner in an underlying action concerning contamination from property it leased to a dry cleaning business. The owner discovered the contamination in 2007. In 2008, it tore down the property.
The Sixth Circuit held that the U.S. Army Corps of Engineers complied with NEPA and the CWA when it issued a §404 permit to a mining company for a secondary mining project that was part of a larger mining operation in Kentucky.
A district court held that environmental groups may go forward with their CWA lawsuit against a rail carrier for allowing coal dust from open-top rail cars to be released into U.S. waterways.
The Ninth Circuit, in a 170+ page opinion, reversed in part and affirmed in part a lower court decision invalidating the FWS' 2008 biological opinion (BiOp) that concluded that the Central Valley Project (CVP) would jeopardize the continued existence of the delta smelt and its habitat.