Tuesday, April 28, 2009

Now back to our regularly scheduled program: Findlaw environmental case summaries

Here are the Findlaw case summaries from mid-April.  No cases of interest were published during the last week.

Table of Contents

ENVIRONMENTAL LAW CASES

• Ecology Center v. Castaneda
• Kane Cty. v. Salazar
• Arizona Pub. Serv. Co. v. EPA
• Hydro Resources, Inc. v. EPA
• Center for Biological Diversity v. U.S. Dep't of Interior

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 U.S. 9th Circuit Court of Appeals, April 17, 2009

Ecology Center v. Castaneda, No. 07-35054
In a challenge to Defendant Forest Service's approval of timber sales, summary judgment for Defendant is affirmed, where: 1) Defendant met the "best available science" requirement in setting the old growth standard; and 2) the guideline language underlying Plaintiff's claim was not mandatory. Read more...

U.S. 10th Circuit Court of Appeals, April 13, 2009
Kane Cty. v. Salazar, No. 07-4207
In an action alleging that the Secretary of the Interior's land management plan violated Plaintiff county's water rights, the dismissal of the complaint is affirmed, where Plaintiffs failed to allege that the Secretary failed to take a discrete action that it was required to take, as required by 5 U.S.C. section 706. Read more...

U.S. 10th Circuit Court of Appeals, April 14, 2009
Arizona Pub. Serv. Co. v. EPA, No. 07-9546
In a petition for review of an EPA regulation limiting emissions, the petition is granted in part, where the parties agreed to a remand regarding fugitive dust limits, but denied in part, where the Clean Air Act does not prohibit the EPA from relying on current air quality monitoring data. Read more...

U.S. 10th Circuit Court of Appeals, April 17, 2009
Hydro Resources, Inc. v. EPA, No. 07-9506
In a petition for review of the EPA's determination that land owned by Plaintiff was "Indian country," the petition is denied, where Congress set aside the land for use by Indians as Indian land, the federal government was actively involved in superintending the land, and there was an "element of cohesiveness" in the community there. Read more...

U.S. D.C. Circuit Court of Appeals, April 17, 2009
Center for Biological Diversity v. U.S. Dep't of Interior, No. 07-1247
In a petition for review of a Department of Interior oil and gas leasing program, the petition is granted in part, where the program's environmental sensitivity rankings were irrational, but denied in part, where Petitioners' remaining claims were unripe because there was no allegation that they would be affected by potential climate change. Read more...

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