Weekly Cases Update Volume 44, Issue 6

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 10

ELR 2007508-cv-6459-ER(S.D.N.Y., )

A district court upheld the constitutionality of a New York county's solid waste flow control ordinance that directs all solid waste generated within the county to designated publicly owned but privately operated processing facilities.

Keywords:
Market participant exception, Collection and disposal
ELR 200743DI-11-00053(Super. Ct. Alaska, )

An Alaska court held that state law impliedly preempts a ballot initiative that would allow a local borough to prohibit the issuance of a permit for large-scale mines that would have a significant adverse impact on salmon-bearing waters.

Keywords:
Mining
ELR 2007612-15412(9th Cir., )

The Ninth Circuit held that BLM did not violate NEPA or FLPMA when it approved the expansion of a gold mine near Nevada's Mount Tenabo.

Keywords:
Mining, Native Americans, Federal Land Policy and Management Act (FLPMA)
ELR 2007012-0981(D.D.C., )

A district court, in a memorandum opinion, dismissed environmental groups' lawsuit against the Bureau of Ocean Energy Management (BOEM) and the National Marine Fisheries Service (NMFS) for APA, NEPA, and ESA violations in connection with two lease sales in the area where the Deepwater Horizo

Keywords:
Oil and gas lease, Jeopardize species/habitat, §7(a)(2)
ELR 200691:11-cv-1481(D.D.C., )

A district court held that environmental groups' NEPA and FLPMA claims against BLM in connection with its decision to lease two coal tracts in Wyoming's Powder River Basin lack merit.

Keywords:
Federal Land Policy and Management Act (FLPMA), Discussion of, held adequate
ELR 2007212-cv-00996(D.D.C., )

A district court dismissed environmental groups' claims that BLM violated NEPA when it approved a plan for developing a coal bed natural gas lease in an area of Wyoming's Powder River Basin as well as amendments to the applicable resource management plan for the area.

Keywords:
Oil and gas lease, Negative determination, EIS not required for
ELR 2007312-1505(D.D.C., )

A district court held that fee restrictions set forth in the Federal Lands Recreation Enhancement Act (REA) do not apply to private, third-party concessionaires who operate recreation areas within the National Forests. Nonprofit groups challenged the U.S.

Keywords:
National forests