Weekly Cases Update Volume 41, Issue 11

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 41, Issue 26

ELR 202883:11-0009(S.D. W. Va., )

A district court held that environmental groups are entitled to injunctive relief and civil penalties in their CWA citizen suit against a coal company for violating the water quality standards for selenium set forth in its permit.

Keywords:
Ongoing violations, Civil penalty provision, §309(d)
ELR 2028409-1087(W.D. Wash., )

A district court held that a railroad company that operates a railroad-transportation facility in Seattle, Washington, violated the terms of its NDPES permit in violation of CWA §402 and discharged pollutants into U.S. waters in violation of CWA §301.

Keywords:
Illegal discharges, §301(a), Stormwater discharges, 402(p)
ELR 2029010-6184(10th Cir., )

The Tenth Circuit held that Oklahoma statutes that favor in-state water appropriation permit applicants over out-of-state permit applicants do not violate the Commerce Clause. The case arose after a Texas water district sought permits to appropriate water from Oklahoma for use in Texas.

Keywords:
Commerce Clause, Oklahoma, Water allocation under federal law, Water allocation under state law
ELR 2029210-7043(10th Cir., )

The Tenth Circuit held that an Oklahoma city and a Texas city that entered into water contracts with one another lack standing to challenge Oklahoma's water appropriation permitting process as unconstitutional under the Commerce Clause.

Keywords:
Commerce Clause, Parens patriae standing, Oklahoma, Property rights/entitlements
ELR 20293100764(Va. Ct. App., )

A Virginia appellate court held that under Virginia law, an insurer has no duty to defend or indemnify an energy company in an underlying lawsuit brought by a native Alaskan village for damages allegedly caused by global warming through the emission of greenhouse gases.

Keywords:
Climate Change (generally), Held inapplicable in, Duty to indemnify
ELR 20291471(Md. Ct. Spec. App., )

A Maryland appellate court held that the state's general discharge permit for animal feeding operations complies with the CWA and state law. The general permit authorizes certain discharges but imposes requirements regarding the management of manure and its application as fertilizer.

Keywords:
Maryland, State standards, §303(a)
ELR 20283B225796(Cal. App. 2d Dist. , )

A California appellate court held that the California Coastal Commission complied with the California Coastal Act and the California Environmental Quality Act when it certified a coastal development project along beachfront dune property in the city of Malibu.

Keywords:
California Coastal Act of 1976, California Environmental Quality Act (CEQA), Shoreline use
ELR 20286F059153(Cal. App. 5th Dist., )

A California appellate court affirmed in part and reversed in part a lower court decision granting an environmental group's petition for writ of mandamus challenging a county's approval of a mixed-use development project under the California Environmental Quality Act (CEQA).

Keywords:
California Environmental Quality Act (CEQA)

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