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 13

ELR 20164No. C 11-00292 SI(N.D. Cal., )

A district court held that an insurance company must defend its insured in an underlying case involving minors' exposure to contaminated drinking water stemming from the insured's property.

Keywords:
Held triggered by
ELR 20153No. 06-11295(D. Mass., )

A district court granted the Massachusetts Department of Transportation's (MassDOT's) motion for judgment in a case involving its violation of municipal separate storm sewer system NPDES permits in the Boston area and denied an environmental group's motion for additional injunctive

Keywords:
Massachusetts, Stormwater discharges, 402(p)
ELR 20159 No. 09-846(U.S., )

The U.S.

Keywords:
Native Americans
ELR 20166No. 09-1237(D.C. Cir., )

The D.C.

Keywords:
Climate Change (generally), "Injury-in-fact" test, State standards, State standards, §209
ELR 20158No. 2010-5102(Fed. Cir., )

The Federal Circuit upheld the dismissal of a Native American tribe's Tucker Act claim against the United States for an alleged breach of fiduciary duty relating to water rights in the Gila River.

Keywords:
Water rights
ELR 20152Nos. 10-13613, -13830(11th Cir., )

The Eleventh Circuit vacated a lower court decision remanding a permit issued by the U.S. Army Corps of Engineers back to the agency and enjoining a mining company from conducting operations approved in that permit.

Keywords:
Preliminary, Permit issuance
ELR 20157Nos. 08-2370 et al.(4th Cir., )

The Fourth Circuit upheld a lower court's fee award in favor of environmental groups in their CAA case against an energy company.

Keywords:
Citizen suits, §304
ELR 20156No. 10-1570(2d Cir., )

The Second Circuit affirmed a lower court decision that the parent corporation of nine manufactured gas plants (MGPs) is not an "operator" of those plants for purposes of CERCLA liability.

Keywords:
Owners and operators
ELR 20162 Nos. 2009-5031, -5032(Fed. Cir., )

The Federal Circuit upheld a lower court decision awarding an energy company $42.7 million for the government's breach of contract relating to spent nuclear fuel (SNF) storage costs at one of the company's facilities.

Keywords:
Nuclear Waste Fund, §302

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