Weekly Cases Update Volume 41, Issue 7

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 15

ELR 20180No. 08-CV-13503(E.D. Mich. , )

A district court, on motions for reconsideration and for leave to amend counterclaims, held that a gas company may seek recovery costs under CERCLA and the Michigan Natural Res

Keywords:
Amendment of pleadings, FRCP 15, Contribution
ELR 20181No. 11-6042-HO(D. Or., )

A district court dismissed an oil refiner's CERCLA action against a recycling company for costs it incurred responding to PCB contamination allegedly resulting from used oil th

Keywords:
"Release" construed
ELR 20188No. 4:10CV01895(E.D. Mo., )

A district court held that a property owner that filed a RCRA, CAA, and CWA citizen suit against a mine may not intervene in the United States' and Missouri's enforcement action a

Keywords:
Legally protectable interest
ELR 20182No. 06-CV-6333(W.D.N.Y. , )

A district court dismissed a property owner's negligence and mutual mistake claims against the former owner, as well as its request to rescind the purchase agreement, due to co

Keywords:
Duty to disclose
ELR 20185No. 10-11890(Bankr. D. Del., )

A bankruptcy court held that a property owner's CERCLA and state environmental law claims against the prior property owner are not "core" claims and, thus, fall outside the jur

Keywords:
Bankruptcy
ELR 20190No. 09-509562(Sup. Ct. Cal. , )

A California court ordered the California Air Resources Board to set aside its "functional equivalent document" and scoping plan to reduce greenhouse gases as it relates to cap

Keywords:
Climate Change (generally), California Environmental Quality Act (CEQA)
ELR 20189No. A126558(Cal. App. 4th Dist., )

A California appellate court held that a city's revised environmental impact report (EIR) for a proposed development project along an estuary complies with the California Env

Keywords:
Environmental Assessment/Impact Statement, Environmental impact reports (EIRs)
ELR 20183Nos. 10-1664, -1668(1st Cir. , )

The First Circuit held that the U.S.

Keywords:
Categorical exemption
ELR 20176No. 09-2567(3d Cir. , )

The Third Circuit denied environmental groups' petition for review of an NRC decision granting a license renewal for the Oyster Creek Nuclear Generating Station.

Keywords:
Licensing process, Nuclear Regulatory Commission (NRC)
ELR 20179Nos. 1:09-cv-00407 OWW DLB et al.(E.D. Cal., )

A district court, on a motion to amend judgment, extended the FWS' deadline for completing its biological opinion (BiOp) for the threatened delta smelt as well as the Bureau of

Keywords:
Biological opinion, §7(b)

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