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 20123No. 05-10112(D. Mass., )

In a case arising from a catastrophic oil spill in Buzzards Bay, a district court granted summary judgment in favor of the United States to find that aspects of the Massachusetts Oil Spill Prevention Act (MOSPA) were preempted by the federal Ports and Waterways Safety Act of 1972 (PWSA).

Keywords:
Oil spills
ELR 20105No. 03-5314(E.D.N.Y., )

A district court dismissed a property owner's cost recovery and contribution claims against the prior owner for costs incurred remediating the site. The remediation took place pursuant to a consent order entered between the owner and the state environmental agency.

ELR 20095No. A125614(Cal. Ct. App., )

A California appellate court affirmed a lower court decision that denied a writ of mandate seeking to set aside a cease-and-desist order entered by the California Coastal Commission (Commission) that prohibited a festival committee from discharging fireworks over the Gualala River estuary without

Keywords:
California Coastal Act of 1976
ELR 20102No. 08-0945(D.D.C., )

A district court denied environmental groups’ motion for summary judgment and granted the U.S.

ELR 20097Nos. 3433 et al.(W. Va., )

The West Virginia Supreme Court affirmed in part and reversed in part a series of jury verdicts, orders and rulings in a class action where the owner of a zinc smelter facility was found liable to class members for approximately $382 million in damages related to off-site arsenic, cadmium, and le

Keywords:
Damages
ELR 20101No. 09-480(D.N.J., )

A district court denied a chromium production facility operator’s motion for summary judgment with respect to claims seeking remediation of hexavalent chromium contamination under the imminent and substantial endangerment citizen suit provision of RCRA.

ELR 20099No. DA08-0506(Mont., )

The Supreme Court of Montana affirmed a lower court’s award of almost $41 million in damages to the state of Montana from a wholesale electric generator for its use of state-owned riverbeds at its hydroelectric generation facilities.  The court held that title to the riverbeds

Keywords:
Energy
ELR 20104No. 07-0972(D.D.C., )

A district court rejected a homebuilder association's facial challenge to nationwide permit 46, which governs the discharge of dredged or fill materials into nontidal upland ditches. The association argued that the U.S.

ELR 20100No. 09-15483(9th Cir., )

The Ninth Circuit vacated a lower court decision that granted a preliminary injunction prohibiting the enforcement of California Penal Code §599f, which bans the slaughter and inhumane handling of nonambulatory animals, against federally regulated swine slaughterhouses.

Keywords:
California Penal Code
ELR 20098No. 09-0097(2d Cir., )

The Second Circuit affirmed in part and vacated in part a lower court decision that found a county’s mosquito-control activities lawful under the CWA.