United States District Court, E.D. California. CIV. S-10-394 FCD/KJN, June 8, 2010: The court granted the power company’s motion for transfer of venue of this transmission line case to the Southern District of California from the Eastern District because “there is little, if any, nexus between the claims alleged and the Eastern District” and “very substantial [...]
United States District Court, D. Oregon, Eugene Division. No. 08-6359-HO, March 23, 2010.
Standing to request an injunction alleging violations of the National Environmental Policy Act and the National Forest Management Act was denied, in part, based on mootness. Western Radio (WRS) was denied a temporary restraining order and preliminary injunction earlier in this litigation to [...]
United States District Court, W.D. Washington
No. C08-1700RSL, March 19, 2010
The court set aside an agreement by the Federal Reserve Bank of San Francisco (FRB) to sell its Seattle branch building, eligible for inclusion in the National Register of Historic Places. The opinion implies that this decision is the first time a court ever set aside agency [...]
United States District Court, District of Utah, Central Division, Civil Nos. 2:08 CV586 DB
Settlement filed 03/30/10
This matter just settled. For news reports on the settlement of this litigation that challenged “a 2005 law that allows BLM to approve certain oil and gas projects without preparing new environmental analyses that would normally be required by the National [...]
United States District Court Eastern District of Louisiana
No. 09-5460, Filed 03/31/10
The National Trust for Historic Preservation’s motion for summary judgment was denied in a challenge under the National Environmental Policy Act (“NEPA”) to a Programmatic Environmental Assessment (“PEA”) and subsequent Findings of No Significant Impact (“FONSIs”) issued by FEMA and the VA regarding the selection of the Mid-City site “70-plus acres adjacent to downtown”* for building medical facilities to replace Charity Hospital and the Veterans Affairs Medical Center. The District Court held (1) NTHP’s claims against FEMA are ripe for review (“if Plaintiff is required to wait to bring its claims, further action on the medical facilities projects will occur without Plaintiff having its day in Court”), (2) NTHP has standing on behalf of a member who lives in New Orleans but not on behalf of the organization itself (“since it has not alleged a sufficient injury in fact by virtue of the project harming its general interest in historic preservation”), (3) NTHP’s suit is not barred by laches, and (4) in favor of the defendants and against NTHP as to all four of the substantive arguments raised by NTHP regarding whether the PEA and FONSIs were lawful under NEPA. Continue reading National Trust for Historic Preservation v US Dept. of Veterans Affairs et al
Julie Weiss, et al., Plaintiffs, v. Dirk Kempthorne, Secretary, U.S. Department of the Interior, et al., Defendants.
United States District Court, W.D. Michigan, Southern Division.
January 15, 2010.
The Plaintiffs objected to the development of a “Jack Nicklaus Signature golf course”, part of which extends into a 74-acre public park that sits adjacent to Lake Michigan. In 1977, [...]