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 14

ELR 20169No. 09-35551(9th Cir., )

The Ninth Circuit affirmed a lower court decision that the Federal Highway Administration's (FHwA's) EIS for a new ferry terminal and highway project through a national forest in Alaska violated NEPA.

Keywords:
Highways
ELR 20170No. 07-01860(D.D.C. , )

A district court held that the USDA Rural Utilities Service's (RUS') failure to prepare an EIS in connection with the expansion of a coal-fired power plant violated NEPA.

Keywords:
Environmental impact statement (EIS)
ELR 20171No. 10-2237(7th Cir., )

The Seventh Circuit reversed and remanded a lower court decision dismissing residents' RCRA lawsuit against a nearby solid waste facility. The lower court ruled that it lacked federal subject matter jurisdiction because the state was pursuing an enforcement action in state court.

ELR 20175No. 1:07-cv-01043(E.D. Cal., )

A district court denied a property owner's motion to add RCRA claims to its CERCLA and state law action against a dry cleaner for groundwater contamination. The property owner failed to comply with RCRA's notice requirements.

Keywords:
60-day notice requirement, §7002(b)(1), 90-day notice of endangerment requirement, §7002(b)(2)(A)

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