Weekly Cases Update Volume 41, Issue 2

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 40, Issue 35

ELR 20039Nos. 08-56187, -56270(9th Cir., )

The Ninth Circuit reversed a lower court decision dismissing a Peruvian Achuar indigenous group's lawsuit against an oil company for environmental contamination and the release of hazardous wastes.

Hazardous, Forum non conveniens, South America
ELR 20042No. 06-cv-354-PB(D.N.H., )

A district court held that CERCLA's statute of limitations does not bar the United States from recovering certain costs it incurred in 1993 and 1995 responding to soil and ground water contamination at the Fletcher Paint Works and Storage Facility Superfund site in Milford, New Hamps

Response costs, §113(g)(2)
ELR 20041No. 10-CV-4457(N.D. Ill., )

A district court denied various states' motion to issue a preliminary injunction compelling the U.S. Army Corps of Engineers to take all available measures to prevent the emigration of invasive silver and bighead carp through the Chicago Area Waterway System into Lake Michigan.

Invasive species
ELR 20040No. 04-99C(Fed. Cl., )

The Federal Claims court ordered DOE to pay three utility companies $10,632,454.83 for failing to collect spent nuclear fuel from the Wolf Creek Generating Station in Kansas in violation of their contract.

Nuclear Waste Policy Act powers and duties, Nuclear Waste Fund, §302
ELR 20038No. 08-17309(9th Circ., )

The Ninth Circuit held that the CAA does not preempt a California air pollution district rule requiring development sites to reduce the amount of pollutants they emit.

Held not preempted
ELR 20037No. 09-35531(9th Circ., )

The Ninth Circuit held that FWS' biological opinion addressing a hatchery project's impact on the bull trout in the Columbia River violates the ESA.

Biological opinion, §7(b), Bull trout