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Weekly Cases Update Volume 46, Issue 20

California Sea Urchin Commission v. Bean

ELR 20120
14-55580 (9th Cir., July 2016)

The Ninth Circuit reversed and remanded a lower court's dismissal of a lawsuit filed by commercial fishermen challenging FWS' decision to terminate the southern sea otter translocation program off the coast of California. Due to the threatened species' vulnerability to extinction from oil spills...

Marine mammals

Idaho Conservation League v. U.S. Forest Service

ELR 20121
1:16-CV-0025-EJL (D. Idaho, July 2016)

A district court held that the U.S. Forest Service violated NEPA in connection with its approval of the "CuMo" project, a five-year mining exploration project located within the Boise National Forest in Idaho. The Forest Service failed to take a hard look at the project's impacts on the...

Boise and Payette National Forests, Idaho, Discussion of, held inadequate, Mining, Forests

Ohio Valley Environmental Coalition v. United States Army Corps of Engineers

ELR 20122
14-2129 (4th Cir., July 2016)

The Fourth Circuit upheld the U.S. Army Corps of Engineers' issuance of a dredge and fill permit to a surface coal mine. Environmental groups challenged the adequacy of the Corps' environmental review, arguing that the Corps violated NEPA and the CWA by failing to consider evidence that surface...

Water-related projects, Dredge and fill permits, Permit issuance

Concerned Pastors for Social Action v. Khouri

ELR 20124
16-10277 (E.D. Mich., July 2016)

A district court held that citizen groups may go forward with their SDWA lawsuit against various Flint, Michigan, officials for mishandling the city's water treatment and distribution system. The defendants filed motions to dismiss, arguing that the federal district court should not, or cannot,...

Citizen suits

Elazar v. Macrietta Cleaners, Inc.

ELR 20123
A-0990-15T2 (N.J. Super. Ct. App. Div., July 2016)

A New Jersey appellate court affirmed a lower court decision that dismissed as untimely shop owners' lawsuit against a town for injuries they allegedly suffered due to chemical vapors emanating from leaking USTs. Although the USTs belonged to the dry cleaner next door to the plaintiffs' shop,...

Tort law, Toxic torts, Underground storage tanks (USTs)