Weekly Cases Update Volume 40, Issue 6

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 20115No. 3:08-0229(M.D. Tenn., )

A district court denied defendants’ motion to dismiss an environmental group’s claims under the citizen suit provisions of RCRA to abate an alleged imminent and substantial endangerment to human health and the environment posed by trichloroethylene and perchloroethylene disposed at a landfill.

ELR 20107Nos. A124351 et al.(Cal. Ct. App., )

A California appellate court affirmed a lower court decision that held that the California Regional Water Quality Control Board (Board) had no authority to enforce state law governing waste discharge to several hydroelectric dams operating under a federal license.

Keywords:
Hydroelectric projects
ELR 20110No. 09-1090(D.C. Cir., )

The D.C. Circuit denied a trucking association’s petition to review an EPA decision authorizing under the CAA a California rule that regulated emissions from transportation refrigeration units (TRUs) in trucks.

ELR 20109No. S159690(Cal., )

The California Supreme Court reversed a lower court decision to find that a citizen group’s suit challenging a city’s approval of a Wal-Mart was time barred under the California Environmental Quality Act (CEQA).

Keywords:
Exemptions
ELR 20124No. 5:09-cr-00216(S.D. W. Va., )

A district court granted defendant’s motions to exclude evidence of defendant’s prior conviction under, and involvement with, certain environmental laws in a case where defendant was charged with violating RCRA §3008(d)(2)(A).

ELR 20111No. 3:01-cv-71(E.D. Tenn., )

A district court entered judgment for the Tennessee Valley Authority (TVA) with respect to environmental groups’ claims that the TVA violated the CAA and the Tennessee SIP in its operation of a fossil fuel-fired electricity generating facility.

Keywords:
"Modification" construed
ELR 20113No. 09-60108(5th Cir., )

The Fifth Circuit denied an environmental group’s petition to review a Surface Transportation Board (STB) decision that granted an exemption to a railroad company to construct and operate a rail line to service a proposed limestone quarry, which was to be developed in phases, without meeting cert

ELR 20112No. H034335(Cal. Ct. App., )

A California appellate court affirmed a lower court order clarifying and enforcing a prior decision, which had defined the rights of parties interested in the production of groundwater from the Seaside Basin, by restricting a water management district’s authority to require environmenta

Keywords:
Water rights
ELR 20119No. 09-1814(3d Cir., )

The Third Circuit vacated and remanded a lower court decision finding a defendant liable for costs incurred at the Boarhead Farms Superfund site.

ELR 20117No. A123948(Cal. Ct. App., )

A California appellate court reversed a lower court decision that granted in part a citizen group’s petition for a writ of mandate under the California Environmental Quality Act challenging the certification of an environmental impact report (EIR) by a university board in regards to the developme

Keywords:
Environmental impact reports (EIRs)