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Weekly Cases Update Volume 45, Issue 14

Resource Investments, Inc. v. United States

45 ELR 20090
2014-5069 (Fed. Cir., May 2015)

The Federal Circuit upheld a lower court decision dismissing on jurisdictional grounds a landowner's Fifth Amendment takings claim against the government in connection with a CWA permit denial. The lower court held that the complaint was barred by 28 U.S.C. §1500, which prohibits the U.S. Court...

Appropriate forum, Jurisdiction precluded

WildEarth Guardians v. United States Office of Surface Mining, Reclamation, and Enforcement,

45 ELR 20089
13-cv-00518 (D. Colo., May 2015)

A district court held that OSM violated NEPA when it approved the expansion of two Colorado mines. The court agreed with environmental groups that OSM violated NEPA by failing to seek public involvement during the review process and by failing to publish notice of the resulting EAs and FONSIs....

Environmental assessment (EA), Mining

In re Deepwater Horizon

45 ELR 20091
13-30843 (5th Cir., May 2015)

The Fifth Circuit held that parties to the class action settlement agreement concerning economic and property damages stemming from the Deepwater Horizon oil spill may seek appellate review of district court decisions on individual claims. The district court had approved final rules...

Appeals, Appellate review, Settlement agreements

El Comité Para el Bienestar de Earlimart v. U.S. Environmental Protection Agency

45 ELR 20088
12-74184 (9th Cir., May 2015)

The Ninth Circuit denied community groups' petition for review challenging EPA's approval of revisions to California's SIP concerning air emissions from pesticides, known as the "pesticide element." The revisions related to the reduction of volatile organic compounds in the San Joaquin and...

Approval and revision, §110(a), Local regulation

PCS Nitrogen, Inc. v. Ross Development Corp.

45 ELR 20092
2:14-4252 (D.S.C., May 2015)

A district court held that a corporation subject to an EPA unilateral administrative order (UAO) in connection with the Columbia Nitrogen Superfund site in Charleston, South Carolina, may seek contribution under CERCLA §113 and not §107. Defendant companies argued that the corporation was...

Administrative orders, §106(a), Contribution