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Weekly Cases Update Volume 48, Issue 15

Genuine Parts Co. v. Environmental Protection Agency

48 ELR 20079
16-1416 (D.C. Cir., May 2018)

The D.C. Circuit vacated EPA's placement of the West Vermont Drinking Water Contamination site, a site of groundwater contamination beneath Indianapolis, Indiana, on the NPL. EPA used the hazard ranking system (HRS) to determine whether listing was appropriate. As part of that process, EPA...

Hazard ranking system

Banks v. United States

48 ELR 20078
16-1633L (Fed. Cl., May 2018)

A Federal Claims court held that the Surface Transportation Board (STB) temporarily took landowners' property without just compensation for use as an interim trail under the National Trails System Act. The landowners' predecessors-in-interest sold right-of-way easements to a railroad for...

Rails-to-trails conversions, §8(d), Temporary takings

Desert Survivors v. U.S. Department of the Interior

48 ELR 20081
16-cv-01165 (N.D. Cal., May 2018)

A district court held that FWS' decision to withdraw its proposed listing of the "bi-state sage grouse" as threatened under the ESA was arbitrary and capricious. FWS recognized that one of the studies it relied on was questionable. In addition, FWS violated its own policy when it failed to offer...

Threatened species listing

Sierra Club v. United States Department of the Interior

48 ELR 20082
18-1082 (4th Cir., May 2018)

The Fourth Circuit, in an unpublished decision, vacated FWS' incidental take statement that authorized a pipeline project along the Atlantic coast to take certain threatened or endangered species. The limits set by the agency were so indeterminate that they undermined the incidental take...

Incidental taking

Oakland Bulk & Oversized Terminal, LLC v. City of Oakland

48 ELR 20080
16-cv-07014 (N.D. Cal., May 2018)

A district court held that a city council breached a development agreement for a proposed export terminal when it passed an ordinance that banned coal operations at "bulk materials facilities" as well as a resolution that applied the ban to the proposed terminal. The development agreement froze...

Breach, Energy (generally)