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Weekly Cases Update Volume 48, Issue 2

Friends of Animals v. FWS

48 ELR 20007
15-35639 (9th Cir., January 2018)

The Ninth Circuit held that FWS did not violate the Migratory Bird Treaty Act (MBTA) when it authorized the taking of the barred owl to help the recovery of the spotted owl. The spotted owl was listed as endangered under the ESA in 1990, and it was later determined that one of the factors...

Endangered Species Act (ESA)

Waverley View Investors, LLC v. United States

48 ELR 20008
15-371 L (Fed. Cl., January 2018)

The Court of Federal Claims held that a land owner is entitled to compensation for wells and an access road installed to monitor contamination on a property adjacent to Fort Detrick. A Maryland landowner was faced with a demand under CERCLA from EPA for access to his property to install wells...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Rocky Mountain Wild, Inc. v. U.S. Forest Service

48 ELR 20006
17-1119 (10th Cir., January 2018)

The Tenth Circuit held that the Forest Service does not have to fulfill an environmental group's FOIA request for documents created by a third-party contractor related to a land exchange in Colorado. At the center of the case was an agreement between a developer and the Forest Service to...

Public Lands