Weekly Cases Update Volume 32, Issue 8

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 , Issue

ELR 20571Nos. 99-3505, -3512(3d Cir., )

The court holds that under the law of the U.S. Virgin Islands, an insurer must provide coverage to an oil company for injuries company workers suffered in an explosion at the company's St. Croix oil refinery.

Keywords:
Duty to indemnify
ELR 20572C2-00-1398(S.D. Ohio, )

The court holds a parent company liable for contribution under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) as a successor corporation to a chemical company that owned and operated an industrial facility in Ohio from 1926 until 1946.

ELR 20572Nos. 00-2326, -1543(1st Cir., )

The court affirms a district court decision enjoining federal administrative proceedings on the grounds that the proceedings infringed upon a state's constitutionally protected sovereign interests.

Keywords:
Held to bar suit, Constitutional law
ELR 2056997-0474 PHX-DAE, -1479 PHX-DAE(D. Ariz., )

The court holds that the Bureau of Reclamation's failure to implement the reasonable and prudent alternatives (RPAs) of a U.S.

ELR 20568No. 02-75-HA(D. Or., )

The court issues a preliminary injunction halting salvage logging on fire-charred lands in Oregon until the Bureau of Land Management (BLM) resolves serious questions raised by environmental groups as to whether the agency complied with the National Environmental Policy Act (NEPA) in authorizing

Keywords:
Cumulative impacts, Discussion of, held inadequate
ELR 2056901-1665(4th Cir., )

The court affirms a district court decision entitling a state to recover from a petroleum producer and underground storage tank (UST) leasing company the costs of providing bottled water and filtration systems to homeowners whose well water was contaminated by benzene from leaking USTs.

ELR 20569No. 99 C 7308(N.D. Ill., )

The court awards an individual's attorneys $95,153.02 in attorney fees and expenses under the Equal Access to Justice Act (EAJA) for defending the individual in a Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) suit brought by the government.

Keywords:
Underground storage tanks (USTs)
ELR 2055998 C 50221(N.D. Ill., )

The court holds that a group of individuals do not have standing to bring a Clean Water Act citizen suit against a ski resort for discharging pollutants without a permit.

ELR 20570No. 00-1031 (JR)(D.D.C., )

The court holds that it lacks jurisdiction over claims brought by environmental groups against various governmental agencies protesting the issuance by the U.S. Army Corps of Engineers (the Corps) of 23 permits for various kinds of construction in Florida and their effect on the Florida panther.

Keywords:
FWPCA
ELR 205732:01cv508, 4:01cv86(E.D. Va., )

The court holds that the U.S. Army Corps of Engineers (the Corps) exceeded its authority in extending jurisdiction over property that contains wetlands in light of its own regulations and the U.S. Supreme Court's decision in Solid Waste Agency of Northern Cook County v. U.S.

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