Weekly Cases Update Volume 41, Issue 5

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 7

ELR 20104No. 295418(Mich. Ct. App., )

A Michigan appellate court reversed the dismissal of property owners' nuisance claims against a manufacturing company for groundwater contamination. The lower court relied on Adkins v Thomas Solvent Co., 440 Mich. 293, 487 N.W. 2d 715 (1992), in dismissing the case.

Keywords:
Groundwater, Michigan, Nuisance
ELR 20105No. 08 Civ. 10879 (PAC)(S.D.N.Y., )

A district court held that the CAA preempts a city transit employee's negligence and strict liability claims against a company for injuries stemming from diesel exhaust fumes.

Keywords:
Negligence, Strict liability, Held preempted
ELR 20103No. 09-1968(4th Cir. , )

The Fourth Circuit held that a biological opinion issued by the National Marine Fisheries Service as part of EPA's process of reregistering the insecticides chlorpyrifos, diazinon, and malathion is subject to judicial review under the APA.

Keywords:
Held included, Reregistration, §4, Biological opinion, §7(b)
ELR 20101No. 09-15878(9th Cir., )

The Ninth Circuit affirmed a lower court decision rejecting claims that a transportation commission's disproportionate emphasis on rail expansion projects over bus expansion projects in its regional transit plan illegally discriminates against minorities.

Keywords:
Civil rights claims

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