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 28

ELR 2030110-56465(9th Cir., )

The Ninth Circuit reversed in part a lower court decision upholding a "Clean Truck Program" adopted by a California port designed in part to reduce emissions related to port operations, including emissions from trucks.

Keywords:
Air quality
ELR 203032010-5136, -5137(Fed. Cir., )

The Federal Circuit affirmed in part and reversed in part a lower court decision granting the buyer and seller of an energy company damages for the U.S.

Keywords:
Breach, Nuclear Waste Policy Act powers and duties, Nuclear Waste
ELR 203055:06-cv-07164 JF(N.D. Cal., )

A district court held that the owner of PCB-contaminated property is not entitled to injunctive relief under RCRA compelling the former owner to either pay for future cleanup costs at the property or take over remediation in its entirety.

Keywords:
Owners and operators, Citizen suits, §7002
ELR 203064:08-CV-516(D. Idaho, )

A district court held that BLM's EISs associated with the Craters of the Moon and Pinedale resource management plans (RMPs) failed to adequately analyze impacts to the sage-grouse in violation of NEPA.

Keywords:
Alternatives, §102(2)(E), Environmental impact statement (EIS), Wildlife (generally)
ELR 2030710-2007(D.D.C., )

A district court dismissed environmental groups' action against EPA seeking the regulation of lead shot and bullets under TSCA. In August 2010, the group petitioned EPA to regulate lead shot, bullets, and fishing sinkers under the Act.

Keywords:
Citizen petitions, §21
ELR 20302B225058(Cal. App. 2d Dist., )

A California appellate court reversed and remanded a lower court decision denying water districts' motion to amend a 1961 judgment that imposed a "physical solution" on the West Coast groundwater basin.

Keywords:
California, Water allocation under state law
ELR 203043-10-0380(Ill. App. Ct., )

An Illinois appellate court held that an insurer has a duty to defend a manufacturing company in an underlying lawsuit filed against it by nearby homeowners for personal injury and property damage stemming from emissions generated as part of the company's normal business operations.

Keywords:
"Accident" construed, "Sudden and accidental" construed, Held applicable in, Illinois

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