Weekly Cases Update Volume 48, Issue 7

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume 48, Issue 15

ELR 2008016-cv-07014(N.D. Cal., )

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.

Keywords:
Energy (generally), Breach
ELR 2007816-1633L(Fed. Cl., )

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.

Keywords:
Temporary takings, Rails-to-trails conversions, §8(d)
ELR 2007916-1416(D.C. Cir., )

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.

Keywords:
Hazard ranking system
ELR 2008218-1082(4th Cir., )

The Fourth Circuit, in an unpublished decision, vacated FWS' incidental take statement that authorized a pipeline project along the Atlantic coast to take certain threatened or endangered species.

Keywords:
Incidental taking
ELR 2008116-cv-01165(N.D. Cal., )

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.

Keywords:
Threatened species listing

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