Weekly Cases Update Volume 41, Issue 12

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 29

ELR 20312139(Md., )

Maryland's highest court held that an environmental group has standing to challenge the state environmental agency's issuance of a nontidal wetlands permit for a development project.

Keywords:
Aesthetic and recreational interests, Wetlands
ELR 20309B228009(Cal. App. 2d Dist., )

A California appellate court held that the California Coastal Commission has appellate jurisdiction over a coastal development subdivision project. A county's approval of a "principal permitted use" development within a coastal zone is not appealable to the Commission.

Keywords:
Land use, State land-use planning laws
ELR 2031111-1278 (PLF)(D.D.C., )

A district court denied EPA's motion to dismiss an environmental group's lawsuit challenging the Agency's administrative stay of two rules setting forth hazardous air emission standards for boilers and commercial and industrial solid waste incineration units.

Keywords:
Held reviewable, Solid waste incineration units, District court jurisdiction
ELR 2031410-35623, -35784(9th Cir., )

The Ninth Circuit reversed a lower court decision invalidating the U.S. Forest Service's 2007 travel management plan for parts of the Lewis and Clark National Forest.

Keywords:
Lewis and Clark National Forest, Or., Decision not to prepare
ELR 2030810-2591(3d Cir., )

The Third Circuit vacated a lower court decision dismissing, on grounds of abstention, environmental groups' RCRA and CWA citizens suit in which they sought an injunction requiring the current and prior owners of a contaminated site to remediate contaminated sediments in the Raritan River.

Keywords:
Not appropriate
ELR 2031011-1185(7th Cir., )

The Seventh Circuit held that a landowner who sold a large parcel of floodplain property to a conservation group may not ask a local drainage district to indemnify him for damages he incurred in an underlying breach of warranty suit stemming from petroleum contamination on the property.

Keywords:
Contractual agreements, Warranty
ELR 2031710-1220 et al.(D.D.C., )

A district court held that EPA's Multi-Criteria Integrated Resource (MCIR) Assessment and Enhanced Coordination (EC) Process, adopted to screen mountaintop mining permits, violates the CWA and the APA.

Keywords:
Mining, Permit issuance
ELR 203152:08-cv-02623(E.D. Cal., )

A district court held that a property owner may go forward with its RCRA claims against a former tenant that stored toluene in a building on the site. The owner demolished all but the basement floor of the building.

Keywords:
Claims allowed
ELR 20313MDL No. 2179(E.D. La., )

A district court granted in part and denied in part motions to dismiss various individuals' personal injury claims stemming from their exposure to oil and dispersants following the Deepwater Horizon disaster.

Keywords:
Tort Law, Toxic Substances (generally)
ELR 203162:09 CV 1100(W.D. La., )

A district court held that an oil company cannot be held liable for punitive damages in a property owner's case against it for soil and groundwater contamination.

Keywords:
Statute of limitations

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