Weekly Cases Update Volume 41, Issue 3

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 2

Dunn-McCampbell Royalty Interest, Inc. v. National Park Service
ELR 20063No. 09-40187(5th Cir. , )

...

Keywords:
National Parks System
National Mining Ass'n v. Jackson
ELR 20066No. 10-1220(D.D.C., )

A district court held that mining interests may go forward with their CWA, APA, and SMCRA claims against EPA in connection with memoranda and guidance documents concerning permitting processes for coal mining. The documents meet the criteria of final agency actions.

Keywords:
Mining, Held included, Held included, Challenges held ripe
Litgo New Jersey, Inc. v. Martin
ELR 20068No. 06-2891(D.C. Cir., )

A district court modified its equitable allocation of costs under §113 of CERCLA and the New Jersey Spill Act in connection with a site contaminated with TCE and other hazardous substances.

Keywords:
New Jersey Spill Act, Apportionment
United States v. Canal Barge Co.
ELR 20065Nos. 09-5388 et al.(6th Circ. , )

The Sixth Circuit held that a lower court erred in acquitting defendants convicted for violating the Ports and Waterways Safety Act in connection with a benzene leak from a barge in the Mississippi River. The defendants were convicted for failing to immediately notify the U.S.

Keywords:
District courts

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