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Weekly Cases Update Volume 46, Issue 24

Louisiana State v. United States Army Corps of Engineers

ELR 20143
15-30962 (5th Cir., August 2016)

The Fifth Circuit reversed a lower court decision that the U.S. Army Corps of Engineers must bear all the costs of deauthorizing the Mississippi River-Gulf Outlet (MR-GO), instead holding that the Corps' cost-sharing formula with the state of Louisiana was reasonable. The Corps has completed...

Mississippi River Gulf Outlet, Water Resources Development Act powers and duties

People v. Rinehart

ELR 20142
S222620 (Cal. Sup. Ct., August 2016)

The Supreme Court of California held that the state's moratorium on the use of suction dredges to mine gold from rivers was not preempted by federal mining law. The case arose after an individual challenged his conviction for the possession and unpermitted use of a suction dredge. He argued that...

Mining, Mining Law of 1872

Center for Biological Diversity v. Bureau of Land Management

ELR 20140
14-15836 (9th Cir., August 2016)

The Ninth Circuit upheld BLM's proposal to expand access for off-road vehicle use in the Imperial Sand Dunes Special Recreation Management Area. The Dunes, located in California, are home to two threatened species: the desert tortoise and the Peirson's milkvetch. Under the proposed plan, a 26,...

National recreation areas, Biological opinion, §7(b)

Pesticide Action Network North America v. U.S. Environmental Protection Agency

ELR 20139
14-72794 (9th Cir., August 2016)

The Ninth Circuit denied EPA's request for an additional six months to take final action on its proposal to ban the pesticide chlorpyrifos in response to an administrative petition filed nearly nine years ago. EPA claimed that "extraordinary circumstances" warranted the extension because it...

Pesticides

Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of Engineers

ELR 20141
15-14745 (11th Cir., August 2016)

The Eleventh Circuit affirmed a lower court decision upholding the U.S. Army Corps of Engineers' 2012 decision to issue a general nationwide permit—NWP 21—authorizing discharges from certain coal mining...

Nationwide permit