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 20163No. 10-4839(C.D. Cal., )

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

Keywords:
Atomic Energy Act (AEA), California
ELR 20154No. 1:04-cv-00128(D.D.C., )

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.

Keywords:
Interior, Department of the, Judicial review, §526
ELR 20160 No. 2:11-cv-00002(S.D. W. Va., )

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.

Keywords:
Fraud
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