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Weekly Cases Update Volume 45, Issue 33

Desert Protective Council v. U.S. Department of the Interior

45 ELR 20219
13-55561 (9th Cir., November 2015)

The Ninth Circuit affirmed a lower court decision that BLM complied with NEPA and FLPMA in allowing the construction of a utility-scale wind project in California's Sonoran Desert. BLM sufficiently...

Alternative Energy, Discussion of, held adequate, Rights-of-way

Foster v. Washington Department of Ecology

45 ELR 20223
14-2-25295-1 (Wash. Super. Ct., November 2015)

A Washington court held that the public trust doctrine applies to the protection of the atmosphere, including limits on greenhouse gas (GHG) emissions, but denied minors' petitions for stricter GHG regulations because the state agency has already commenced rulemaking. The court held that the...

Climate Change (generally), Constitutional law

Pebble Ltd. Partnership v. Environmental Protection Agency

45 ELR 20218
3:14-cv-0171 (D. Alaska, November 2015)

A district court held that the developers of the proposed Pebble copper and gold mine in Alaska who filed a Federal Advisory Committee Act (FACA) claim against EPA following the Agency's initiation of CWA §404(c) proceedings may not seek discovery from non-parties that appeared before EPA in...

Federal Advisory Committee Act (FACA)

Morristown Assocs. v. Grant Oil Co.

45 ELR 20221
A-0313-11T3 (N.J. Super. Ct. App. Div., November 2015)

In an unpublished opinion, a New Jersey appellate court held that the New Jersey Spill Compensation and Control Act (Spill Act) does not contain a "triggering notice" in order for liability to attach. Rather, a party seeking contribution must prove a nexus or "reasonable link between the...

Hazardous, New Jersey Spill Act

Adams v. Chevron

45 ELR 20220
15-4360 (E.D. La., November 2015)

A district court remanded to state court personal injury and property damage claims brought by hundreds of individuals against an oil company in connection with their alleged exposure to contamination from oil field pipe. The case was originally filed in state court in 2002. It was then removed...

Property damage, Removal

Mrosek v. City of Peachtree City

45 ELR 20222
3:12-cv-00094 (11th Cir., November 2015)

In an unpublished opinion, the Eleventh Circuit affirmed a lower court decision dismissing landowners' claims that a city violated the CWA and state law by failing to perform maintenance and repairs on a stream, pond, and dam located partially on their property. The city is a small municipal...

State water quality standards, State programs, §402(b)