Wednesday, December 10, 2008

Case Law from Westlaw

Van Valin v. Gutierrez, (D.D.C.)
December 8, 2008: Game - Rescission of final rule limiting halibut harvest and promulgation of new regulations rendered challenge to rule moot.

The Secretary of Commerce's rescission of a final rule, limiting the harvest of Pacific halibut taken by guided sport charter vessel anglers in southeast Alaska, and forthcoming promulgation of new regulations based on a different rationale completely and irrevocably eradicated the effects of the rule's alleged violations of the Halibut Act and the Administrative Procedure Act (APA). Thus, the charter fishing operators' suit challenging the final rule was moot.

Animal Welfare Institute v. Martin, (D.Me.)
December 8, 2008: Endangered Species -   Injunction preventing trapping of Canada lynx in leghold traps was not warranted.      

Although animal protection organizations established a likelihood of success on merits of their claims that state violated Endangered Species Act (ESA) by authorizing take of Canada lynx without an incidental take permit, an injunction preventing the trapping of the lynx in leghold traps was not warranted. The temporary detention of a lynx in a leghold trap without some indication of permanent injury did not constitute irreparable injury.

Clark Fork Coalition v. Montana Dept. of Environmental Quality, (Mont.)
December 8, 2008: Clean Water - Before issuing permit DEQ had to determine whether water discharged after mine closed would require treatment in perpetuity.

Under a regulation promulgated by Montana's Board of Environmental Review (BER) on permits to discharge into Tier 2 waters, the Montana Department of Environmental Quality (DEQ) had to determine whether water discharged from a proposed mine would continue after the mine was closed and whether such water would require treatment in perpetuity. The mine would eventually close, and once the mine was closed there would not necessarily be an entity that would continue to treat the discharged water.

This decision may not yet be released for publication.

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