Weekly Cases Update Volume 42, Issue 12

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 42, Issue 28

ELR 20201067993(N.J., )

The Supreme Court of New Jersey affirmed a lower court decision dismissing the state environmental agency's contribution action against a dry cleaner under the New Jersey Spill Compensation and Control Act to recover costs incurred in investigating and remediating PCE-contaminated groundwater.

Keywords:
New Jersey Spill Act, Hazardous Substances
ELR 2020209-100(M.D. La., )

A district court held that reheater replacements at a Louisiana power plant constitute a major modification and do not qualify for the routine maintenance, repair or replacement exception to the CAA's PSD provisions. In Wisconsin Electric Power Co. v.

Keywords:
"Modification" construed
ELR 202033:11·cy·00325(M.D. Pa., )

A district court dismissed a quarry operator's lawsuit against the state environmental agency for violating its constitutional rights when it denied the operator's application to use certain fill material at a reclamation site.

Keywords:
Commerce Clause, Is violated by, Held not violated by
ELR 202047:11-CV-3307-SLB(N.D. Ala., )

A district court dismissed environmental groups' CWA suit against a coal mine for new source performance standard violations.

Keywords:
Notice requirements, §505(b)
ELR 202002011-5113(Fed. Cir., )

The Federal Circuit affirmed a lower court decision denying an environmental group's motion to intervene in a takings suit filed by property owners claiming that the government's releases of water from a dam in central California unlawfully impaired their property rights in the water and inundate

Keywords:
Intervention, FRCP 24
ELR 2019911-35659(9th Cir., )

The Ninth Circuit held that the U.S. Forest Service complied with NEPA and the NFMA when it approved a fuels reduction project in the Lewis and Clark National Forest.

Keywords:
Lewis and Clark National Forest, Or., National forests

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