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Current Weekly Cases Update

Volume 44, Issue 27

Snyder v. Ohio Department of Natural Resources

44 ELR 20209
2014-OHIO-3942 (Ohio, September 17, 2014)

The Ohio Supreme Court held that a mineral rights owner may be able to strip mine portions of a state wildlife area. The state and the mineral rights owner entered a contract granting the owner “all mineral rights, including rights of ingress and egress and reasonable surface right privileges.”...

Property rights, Property rights

Chemehuevi Indian Tribe v. Jewell

44 ELR 20212
12-56836 (9th Cir., September 17, 2014)

The Ninth Circuit affirmed a lower court decision dismissing a Native American tribe's claim that DOI violated the APA in refusing to approve the tribe’s assignments of land to certain of its members. The tribe submitted the land assignment deeds to the Bureau of Indian Affairs (BIA) for...

Bureau of Indian Affairs, Property

United States v. Coeur d'Alenes Co.

44 ELR 20208
12-36065 (9th Cir., September 16, 2014)

The Ninth Circuit upheld a consent decree under CERCLA requiring a PRP to pay $350,000, plus interest, in cleanup costs incurred at a former lead and silver mine site in Bonner County, Idaho. CERCLA authorizes the United States to settle with a PRP for an amount less than that PRP’s...

Approved

Murray Energy Corp. v. McCarthy

44 ELR 20211
5:14-CV-39 (N.D. W. Va., September 16, 2014)

A district court held that it has subject matter jurisdiction over a CAA §321(a) lawsuit against EPA for its alleged failure to evaluate the potential for job losses due to its CAA regulation and enforcement efforts. EPA filed a motion to dismiss, arguing that the statute is discretionary and...

District court jurisdiction

New York State Electric & Gas Co. v. FirstEnergy Corp.

44 ELR 20210
11-4143 et al. (2d Cir., September 11, 2014)

The Second Circuit affirmed in part and remanded in part a lower court decision holding the corporate successor to a utility's former parent company liable for a portion of costs incurred cleaning up coal tar contamination at manufactured gas plant sites in upstate New York. The lower court held...

Parent corporation liability, Successor corporations

PPL EnergyPlus, LLC v. Solomon

44 ELR 20207
13-4330, -4501 (3d Cir., September 11, 2014)

The Third Circuit struck down New Jersey's Long Term Capacity Pilot Program Act, which was enacted in 2011 to encourage the construction of new power plants within the state. The program, known as "LCAPP", would add a cumulative 2,000 megawatts of capacity to the regional power grid from which...

New Jersey, Preemption

High Country Conservation Advocates v. United States Forest Service

44 ELR 20213
13-01723 (D. Colo.)

A district court issued a final order vacating BLM's and the U.S. Forest Service's approval of on-the-ground mining exploration activities in a part of western Colorado's North Fork Valley. The court...

Mining