Weekly Cases Update Volume 45, Issue 2

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 34

ELR 2025613-6693(E.D. La., )

A district court remanded to state court a Louisiana parish's lawsuit against 19 oil and gas companies for alleged environmental damages stemming from the companies' exploration, production, and transportation activities.

Keywords:
Energy (generally), Coastal zone management program
ELR 2025313-5245(D.C. Cir., )

The D.C. Circuit affirmed a lower court decision dismissing a Native American tribe's motion to intervene in a county's lawsuit against DOI challenging its approval of a casino gaming compact between the tribe and the state of California.

Keywords:
Tribal-owned land
ELR 2025413-4108 et al.(10th Cir., )

The Tenth Circuit affirmed in part and reversed and remanded in part a lower court decision granting a Utah county rights-of-way over 12 roads that cross federal lands. The county sought to quiet title to 15 roads or road segments under the Quiet Title Act.

Keywords:
Jurisdiction
ELR 20262(S.D. Cal., )

A district court, in a 120-page decision, dismissed claims that the U.S. Navy negligently exposed a child to thallium dust during its cleanup of a contaminated landfill site.

Keywords:
Toxic Substances (generally)
ELR 2026114 Civ. 01383(S.D.N.Y., )

A district court granted in part and denied in part motions to dismiss property owners' CERCLA contribution claims against a company for contamination stemming from a manufactured gas plant that the company's predecessor operated from the 1830s until the early 1900s.

Keywords:
Contribution
ELR 202583:14-cv-00171(D. Alaska, )

A district court issued a preliminarily injunction barring EPA from taking further steps under CWA §404(c) in connection with the proposed Pebble Mine project in southwestern Alaska until after the court has ruled on the merits of the mine's lawsuit against the Agency for alleged Federal Adv

Keywords:
EPA veto, §404(c)
ELR 2025714-376C(Fed. Cl., )

The Federal Claims Court denied a motion to dismiss a wetlands mitigation bank's breach of contract claim against the government.

Keywords:
Mitigation
ELR 2026010-Cl-18667(Ky. Cir. Ct., )

A Kentucky court rejected a proposed consent decree between the state's environmental agency and a coal mine concerning extensive CWA violations. The proposed consent decree is not fair, reasonable, or in the public interest.

Keywords:
Consent decrees
ELR 202554:13-cv-450(E.D. Ark., )

A district court held that the Farm Service Agency and the Small Business Administration violated NEPA and the ESA when they guaranteed loans to a hog farm without adequately assessing the farm's environmental impact.

Keywords:
National Environmental Policy Act (NEPA), Interagency consultation, §7(a)