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
A district court held unconstitutional California legislation (SB 990) that prescribes cleanup rules that apply only to a former federal nuclear research and rocket testing facility and criminalizes any sale or disposition of the property until it is cleaned up in accordance with the standar
A district court dismissed a mining industry association's action challenging DOI Office of Hearings and Appeals (OHA) regulations allocating the burden of proof in five types of administrative proceedings under SMCRA.
A district court dismissed a fraud claim brought by a car wash operator against the seller of the property—an oil company—for requiring the operator to sign a document stating that he intended to use USTs on the property even though he had no such intent.
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.
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
The U.S.
The D.C.
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.
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.