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Weekly Cases Update Volume 45, Issue 32

Walther v. United States

ELR 20213
3:15-cv-0021 (D. Alaska, November 2015)

A district court dismissed a mitigation bank owner's APA claims against the U.S. Army Corps of Engineers for requiring a CWA §404 permittee to purchase "invalid" banking credits from another mitigation bank in connection with a railroad project. The owner claimed that despite the fact that his...

Corps of Engineers implementation of §404, Mitigation

Sierra Club, Inc. v. St. Johns River Water Management District

ELR 20214
6:14-cv-1877 (M.D. Fla., November 2015)

A district court held that an environmental group may go forward with its CWA and NEPA lawsuit against a water district, the U.S. Army Corps of Engineers, and the owner of the largest federal mitigation bank in the United States over claims that the defendants have taken actions to use and...

Dredge and fill, §404, Mitigation

Conservation Alliance of St. Lucie County v. United States Department of Transportation

ELR 20215
14-14192 (S.D. Fla., November 2015)

A district court dismissed environmental groups' lawsuit challenging the Federal Highway Administration's (FHwA's) approval of a bridge and highway project that will cross Florida's St. Lucie River, including portions of the St. Lucie River Aquatic Preserve and the Savannas Preserve State Park....

Feasible and prudent alternatives

In re Methyl Tertiary Butyl Ether Products Liability Litigation

ELR 20216
1:00-1898 (S.D.N.Y., November 2015)

A district court denied oil and gas companies' motions to dismiss claims that their use and handling of methyl tertiary butyl ether (MTBE) has contaminated, or threatens to contaminate, groundwater in Puerto Rico. The companies argued that Puerto Rico's island-wide claims for relief should be...

Water pollution, Groundwater

San Diego Cattlemen's Cooperative Ass'n v. Vilsack

ELR 20217
14-00818, -00887 (D.N.M., November 2015)

A district court dismissed several claims a group of cattle ranchers filed against USDA and DOI concerning actions taken to protect the New Mexico meadow jumping mouse, an endangered species. Following the listing of the species in 2014, the U.S. Forest Service proposed to erect a five-foot pipe...

Santa Fe National Forest, N.M., Wildlife management, Wildlife (generally)