Weekly Cases Update Volume 42, Issue 12

The cases listed below appear in the most recent issue of ELR Update. For cases previously reported, please use the filter on the left.

Volume 42, Issue 30

ELR 2021611-CV-252-GKF-PJC(N.D. Okla., )

A district court held that the bar to transfer of CERCLA liability applies to contribution claims brought between and among third parties, not just the U.S. government.

Keywords:
Liability, §107
ELR 20217C064930(Cal. App. Ct. 3d Dist., )

A California appellate court upheld a county's approval of a project to expand an existing wood veneer manufacturing facility in order to permit cogeneration of electricity for resale.

Keywords:
Environmental Assessment/Impact Statement, Environmental impact reports (EIRs)
ELR 20218B233859(Cal. Ct. App. 2d Dist., )

A California appellate court held that a local ballot measure requiring a city to seek competitive bidding for future trash service contracts was not a "project" under the California Environmental Quality Act (CEQA) subject to environmental review.

Keywords:
Environmental Assessment/Impact Statement, General
ELR 20219171(N.Y., )

New York's highest court held that the New York City School Construction Authority's EIS for the construction of a campus of four public schools in an area formerly used as a railroad yard violated the State Environmental Quality Review Act (SEQRA).

Keywords:
Environmental Assessment/Impact Statement, Environmental impact statement
ELR 20220D055215(Cal. Ct. App. 4th Dist., )

A California appellate court held that a city's certification of an environmental impact report (EIR) for a development project covering 2,600 acres of undeveloped land for single-family dwelling units and a village center violated the California Environmental Quality Act (CEQA).

Keywords:
Environmental Assessment/Impact Statement, Environmental impact reports (EIRs)
ELR 202212:12-cv-929(W.D. Pa., )

A district court held that the CAA preempts individuals' tort law action against a coal-fired power plant for property damage stemming from the plant's air emissions. In essence, the individuals' complaint attacks the plant's air emissions and asks the court to regulate them.

Keywords:
Held preempted
ELR 2021110-72356 et al.(9th Cir., )

The Ninth Circuit vacated and remanded FWS' biological opinion for a pipeline project involving the construction, operation, and maintenance of a 678-mile, 42-inch-diameter natural gas pipeline extending from Wyoming to Oregon.

Keywords:
Biological opinion, §7(b)
ELR 202121:09-cv-02974-DME-BNB(D. Colo., )

A district court held that utilities violated CAA §112(g) by upgrading an existing power plant in Lamar, Colorado, from a natural gas-fired plant into a coal-fired one without receiving a maximum achievable control technology (MACT) determination.

Keywords:
Maximum achievable control technology (MACT)
ELR 2021337-2011-00091507-CU-TT-CTL(Sup. Ct. Cal., )

A California court dismissed all but three claims raised by an environmental group challenging a county's environmental impact report for a fairground expansion project.

Keywords:
Environmental Assessment/Impact Statement, California Environmental Quality Act (CEQA)
ELR 202144:11-CV-00864-JAR(E.D. Mo., )

A district court denied a mining company's motion to dismiss a smelting company's contribution claim against it for response costs and natural resources damages incurred at an old smelting operation in the Southeast Missouri Mining District.

Keywords:
Claims not barred