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 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
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.

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