Weekly Cases Update Volume 42, Issue 4

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 4

ELR 2002611-150(2d Cir., )

The Second Circuit vacated a preliminary injunction enjoining residents from the Lago Agrio region of the Ecuadorian Amazon from enforcing a multibillion dollar judgment awarded by an Ecuadorian court against an oil company for environmental pollution.

Keywords:
Governance
ELR 2002911-cv-99(D. Vt., )

A district court issued a permanent injunction barring the state of Vermont from bringing an enforcement action, or taking other action, to compel the Vermont Yankee nuclear power plant to shut down after its license expires on March 21, 2012, if it fails to obtain legislative approval to con

Keywords:
Held preempted
ELR 200234:11 CV 77(E.D. Mo., )

A district court partially dismissed EPA's lawsuit against an energy company for violating the CAA when it allegedly undertook major modifications at a coal-fired power plant in Festus, Missouri.

Keywords:
Prevention of significant deterioration (PSD)
ELR 2002807-1860(D.D.C., )

A district court held that the USDA's Rural Utilities Service violated NEPA by failing to prepare an EIS in connection with its involvement in the expansion of a coal-fired generating plant in Holcomb, Kansas.

Keywords:
Held required for
ELR 2002209-CV-210(E.D. Wis., )

A district court dismissed a property owner's RCRA claim against an oil company for benzene contamination present in the basement of one of his buildings. The evidence fails to establish that there may be an imminent and substantial danger to human health or the environment.

Keywords:
Claims barred
ELR 2002511-6042(D. Or., )

A district court dismissed a property owner's CERCLA claim for costs incurred responding to PCB contamination allegedly caused by an oil recycling company. The owner alleged that the company spilled PCBs on the site.

Keywords:
Held inconsistent with, Response costs
ELR 200312179(E.D. La., )

A district court held that BP must indemnify Halliburton Energy Services for third-party compensatory claims related to the Deepwater Horizon disaster under its drilling contract.

ELR 2003016132/10(N.Y. Sup. Ct., )

A New York trial court held that the state environmental agency's general permit for stormwater discharges from municipal separate storm sewer systems (MS4) violates the CWA and state law.

Keywords:
State water quality standards, Water pollution
ELR 20027C064875(Cal. App. 3d Dist., )

A California appellate court reversed a lower court decision upholding a county's adoption of an oak woodland management plan and mitigation fee program without preparing an environmental impact report (EIR) under the California Environmental Quality Act (CEQA).

Keywords:
Environmental impact reports (EIRs)