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 20568Nos. 97-1440 et al.(D.C. Cir., )

The court upholds the U.S.

ELR 20543No. 00-55709(9th Cir., )

The court affirms a district court holding that where compensation was paid long after a taking, an individual was entitled to prejudgment interest, but remands the case for a redetermination of the amount of interest to be awarded.

Keywords:
Just compensation
ELR 2057000-70257, -71676(9th Cir., )

The court holds that the U.S. Environmental Protection Agency (EPA) did not err when it refused to object to a county health district's issuance of a Clean Air Act (CAA) operating permit to a business.

ELR 20553No. 00-CV-1738(N.D.N.Y., )

The court holds that the New York Air Pollution Mitigation Law is preempted by the Clean Air Act (CAA) and violates the U.S. Commerce Clause.

Keywords:
Air pollution, Held preempted, New York Air Pollution Mitigation Law
ELR 20570C00-1547R(W.D. Wash., )

The court holds that some of an environmental group's challenges to the National Marine Fisheries Service (NMFS) Endangered Species Act (ESA) take prohibition exemptions regarding salmon are not ripe, and that the NMFS was not arbitrary or capricious in promulgating the ESA §4(d) rule.

ELR 20561No. 95-2097 (DMC)(D.N.J., )

The court holds that an association of churches has standing to bring a Resource Conservation and Recovery Act (RCRA) citizen suit against the owner of a site contaminated with chromium, but that issues of imminent and substantial endangerment prevent granting the association summary judgment on

Keywords:
Summary judgment, FRCP 56, Harm to members
ELR 2057299CV0996BTMJAH(S.D. Cal., )

The court holds that a trustee, on behalf of a trust created for the cleanup of a contaminated industrial site, may seek contribution from other potentially responsible parties (PRPs).

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

You must be an ELI Member to access the full content.

You are not logged in. To access this content: