Weekly Cases Update Volume 40, Issue 2

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.

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ELR 20271No. 08-1225(D.C. Cir., )

The D.C. Circuit held that North Carolina lacks standing to challenge an EPA rule removing the northern part of the state of Georgia from the Agency's one-hour nitrogen oxide (NOx) SIP Call.

ELR 20282No. 3:06CV-332-H(W.D. Ky., )

A district court held that residents may go forward with their trespass claims against a liquor distillery that operates a coal-fired production facility near their homes, but dismissed their nuisance and negligence claims.

ELR 20270No. 07-30272(5th Cir., )

The Fifth Circuit affirmed a lower court decision dismissing a class action against 32 contractors hired by the United States to perform dredging activities in the Mississippi River Gulf Outlet (MRGO) for damages suffered as a result of Hurricane Katrina.

ELR 20289No. 07-10515(D. Mass., )

A district court held that an insurance company has a duty to defend the former owners and operators of a nuclear waste facility in EPA's CERCLA action against them for remediation costs associated with the site.

ELR 20283No. 07-1144(D. Or., )

A district court denied a rifle club's motion to dismiss an individual's claims against it for discharging pollutants into wetlands and waterways without a NPDES permit and disposing of and storing hazardous lead waste without a RCRA permit.

ELR 20279No. 07-0541(E.D.N.Y., )

A district court held that the United States' cost recovery action against the current owner of a hazardous waste site in New York is time barred under CERCLA.

ELR 20280No. 08-35402(9th Cir., )

The Ninth Circuit held that FWS regulations authorizing the non-lethal take of polar bears and Pacific walrus by oil and gas activities in and along the Beaufort Sea on the Northern Coast of Alaska do not violate the Marine Mammal Protection Act (MMPA) or NEPA.

ELR 20276No. 09-15230(9th Cir., )

The Ninth Circuit affirmed in part and reversed in part a lower court decision denying Native American tribes' motion to preliminarily enjoin BLM's approval of a large gold mining project on Mt. Tenabo, Nevada, which has religious significance for the tribes.

ELR 20277No. 1:09-cv-00003(D. Alaska, )

A district court halted a timber sale in roadless areas of the Tongass National Forest pending the U.S. Forest Service's preparation of a supplemental EIS (SEIS).

ELR 20290No. 09-0482(2d Cir., )

The Second Circuit affirmed a lower court decision that held an energy company liable under CERCLA for costs incurred during the cleanup of two manufactured gas plants operated by a subsidiary of the company's corporate predecessor.