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 20284No. 09-cv-177(S.D. Tex., )

A district court approved a bankruptcy reorganization plan requiring a mining company to pay $1.79 billion to fund past and future environmental cleanup and restoration costs incurred by federal and state agencies at more than 80 sites in 19 states.

ELR 20288No. 09-125(W.D. Pa., )

A district court preliminarily enjoined the U.S. Forest Service from requiring the preparation of a NEPA document as a precondition to allowing private oil and gas rights to be exercised in the Allegheny National Forest as set forth in a settlement agreement.

ELR 20281No. 34706(W. Va., )

West Virginia's highest court held that the Manufactured Home Construction and Safety Standards Act does not preempt homeowners' formaldehyde-based negligence claims against their home's manufacturer.

ELR 20273No. 08-16441(9th Cir., )

The Ninth Circuit held that animal rights organizations lacked standing to challenge a USDA notice stating that "there is no specific federal humane handling and slaughter statute for poultry." The lower court entered summary judgment in favor of the USDA, holding that while the plain meaning of

ELR 20275(S.D. W. Va., )

A district court held that the U.S. Army Corps of Engineers violated the CWA and NEPA by failing to provide adequate public notice and comment prior to issuing §404 dredge and fill permits for two large mining projects in West Virginia.

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.

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