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Weekly Cases Update Volume 45, Issue 2

Beatty v. Washington Fish & Wildlife Commission

45 ELR 20009
31409-0-III (Wash. Ct. App., January 2015)

A Washington appellate court upheld a state agency's decision to issue a hydraulic mining permit to an individual on the condition that he limit his suction dredging operations within a specified two-week work period. The individual engages in "placer" mining—searching for gold that has moved...

Mining

Community Ass'n for the Restoration of the Environment, Inc. v. Cow Palace, LLC

45 ELR 20008
13-CV-3016 (E.D. Wash., January 2015)

A district court held that a dairy's application, storage, and management of manure violated RCRA's substantial and imminent endangerment and open dumping provisions. Manure can generally be a useful product when stored and subsequently used as fertilizer. Here, however, the dairy applied manure...

Held included

W.E. Partners II, LLC v. United States

45 ELR 20011
13-54 (Fed. Cl., January 2015)

The Court of Federal Claims held that a company that funded construction of an open-loop biomass facility to provide steam for a chicken rendering plant's electricity needs is entitled to reimbursement costs under the American Recovery and Reinvestment Act (ARAR), but only for costs associated...

Energy (generally)

Anderson v. Teck Metals, Ltd.

45 ELR 20010
CV-13-420-LRS (E.D. Wash., January 2015)

A district court granted in part and denied in part a motion to dismiss a class action lawsuit against a Canadian mining company for allegedly causing individuals residing near the Upper Columbia River to suffer various health diseases due to toxic and hazardous air emissions from the company's...

Held preempted, Nuisance