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Weekly Cases Update Volume 46, Issue 2

Center for Biological Diversity v. United States Forest Service

ELR 20012
13-16684 (9th Cir., January 2016)

The Ninth Circuit, in an unpublished opinion, held that environmental groups have standing to bring a RCRA citizen suit against the U.S. Forest Service for failing to regulate the disposal of spent lead ammunition in the Kaibab National Forest. The groups allege that the Forest Service's failure...

Citizen suits, §7002, Lead, National forests

United States v. Tonawanda Coke Corp.

ELR 20013
14-1091 (2d Cir., January 2016)

The Second Circuit, in a summary order, upheld a coke company's convictions for RCRA violations at its facility near Buffalo, New York. The company claimed the RCRA convictions should be reversed because it lacked fair notice that its conduct was criminal. But it failed to raise this argument...

Knowing storage without a permit, §3008(d)(2)(A)

Center for Biological Diversity v. Otter

ELR 20011
1:14-CV-258 (D. Idaho, January 2016)

A district court ordered the state of Idaho to propose a plan to protect the Canada lynx, a threatened species, from being inadvertently captured or killed in northern Idaho due to traps set by trappers intending to lure other species. The state does not restrict how many traps or snares a...

"Take," §9(a)(1)(B), Canada lynx

Kirk v. Schaeffler Group USA, Inc.

ELR 20014
3:13-cv-5032 (W.D. Mo., January 2016)

A district court held that an individual may go forward with her toxic tort claims against the successor to a manufacturing company that released trichloroethylene (TCE) into the environment near her childhood home. The plaintiff alleges she was exposed to the TCE, which caused her to develop...

Toxic torts, Trichlorethylene (TCE)

Brockway Borough Municipal Authority v. Department of Environmental Protection

ELR 20015
789 C.D. 2015 (Pa. Commw. Ct., January 2016)

A Pennsylvania court upheld an environmental hearing board order dismissing a municipal authority's challenge to a gas drilling permit that the Department of Environmental Protection issued to an oil and gas exploration company. The authority argued that the permitted drilling will result in...

Hydraulic Fracturing