Weekly Cases Update Volume 46, 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 45, Issue 36

ELR 2024015-2390(4th Cir., )

The Fourth Circuit granted EPA's petition for a writ of mandamus to preclude an energy company from deposing EPA Administrator Gina McCarthy in a lawsuit seeking to compel EPA to evaluate the CAA's impacts on jobs under §321(a).

Keywords:
Agencies, Regulatory program
ELR 202411:12-cv-254-GZS(D. Me., )

A district court granted in part and denied in part cross-motions for summary judgment in a dispute between a Native American tribe and the state of Maine concerning the tribe's regulatory jurisdiction and fishing rights along the main stem of the Penobscot River.

Keywords:
Jurisdiction, Property rights
ELR 20243S213478(Cal., )

The California Supreme Court held that agencies subject to the California Environmental Quality Act (CEQA) generally are not required to analyze the impact of existing environmental conditions on a project's future users or residents.

Keywords:
Environmental Assessment/Impact Statement, General
ELR 2024214-cv-9827(N.D. Ill., )

A district court held that an insurance company need not defend the owner of a landfill in an underlying CERCLA suit for recovery costs.

Keywords:
Held not triggered by, Comprehensive Environmental Response Compensation and Liability Act (CERCLA)
ELR 2023914-35819(9th Cir., )

The Ninth Circuit affirmed a lower court decision denying environmental groups' motion to preliminarily enjoin a forest fire recovery project in the southern Oregon Klamath Mountains.

Keywords:
BLM lands, Biological opinion, §7(b), Northern spotted owl

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