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Weekly Cases Update Volume 48, Issue 1

Animal Legal Defense Fund v. Idaho

48 ELR 20005
15-35960 (9th Cir., January 2018)

The Ninth Circuit held that portions of Idaho’s Agricultural Security Act violate the First Amendment. The law, enacted after a secretly-filmed expose of operations at an Idaho dairy farm went live on the internet, broadly criminalizes making misrepresentations to access an agricultural...

Wildlife (generally)

Western Watersheds Project v. Grimm

48 ELR 20004
1:16-cv-00218 (D. Idaho, January 2018)

A district court held that USDA Wildlife Services did not violate NEPA with its lethal wolf management policy in Idaho. In 2011, the gray wolf was delisted under the ESA in Idaho; as a result, management of the wolf population was returned to the state. Wildlife Services conducted an EA in 2011...

Endangered Species

Atl. Richfield Co. v. Mont. Second Judicial Dist. Court

48 ELR 20000
OP 16-0555 (Mont., December 2017)

The Montana Supreme Court held that owners of private land within a Superfund site can proceed with a compensation suit against an oil company to restore their properties beyond the remedies approved by EPA for the Superfund site as a whole. An oil company entered into a consent decree with EPA...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Kimberly-Clark Corp. v. District of Columbia

48 ELR 20001
17-01901 (D.D.C., December 2017)

A district court ruled that the District of Columbia's flushable wipe law won't take effect as scheduled. The law, which was to take effect January 1, 2018, stated that wipes labeled "flushable" must readily break up and degrade in sewers. A flushable wipes manufacturer sought to enjoin the...

Waste (generally)

Sowinski v. Cal. Air Res. Bd.

48 ELR 20003
17-1219 (Fed. Cir. , December 2017)

The Federal Circuit held that the state of California did not infringe on an emissions trading-related patent, allowing the state's greenhouse gas emissions cap-and-trade program to continue. The plaintiff owns a U.S. patent that covers a method and apparatus for using electronic systems to...

Air (generally)

Birmingham, City of v. Good

48 ELR 20002
16, 2017 (Del., December 2017)

The Delaware Supreme Court held that an energy company's shareholders cannot proceed with their suit against the company's directors and officers over the costs of addressing a coal ash spill into North Carolina's Dan River. In 2014, a storm water pipe ruptured beneath a coal ash containment...

Waste (generally)