Weekly Cases Update Volume 42, Issue 5

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 9

ELR 20069ELH-11-02267(D. Md., )

A district court dismissed an insurance company's CERCLA claim against a tree nursery to recover response costs incurred by firefighters responding to a fire.

Held not included
ELR 200671:11CV220(S.D. Miss., )

A district court held that the doctrines of res judicata and collateral estoppel bar individuals' trespass, nuisance, and negligence claims against numerous oil, coal, electric, and chemical companies for damages stemming from Hurricane Katrina.

Climate Change (generally), Held estopped, Held to bar suit
ELR 20070COA11-353-2(N.C. Ct. App., )

A North Carolina appellate court held that the state's Sedimentation Pollution Control Act (SPCA) does not apply if there was no deposition of sediment to water.

Sedimentation Pollution Control Act
ELR 20065A131651(Cal. App. 4th Dist. , )

A California appellate court reversed a lower court decision directing a county board to hear an administrative appeal of an environmental impact report (EIR) and permit for a landfill expansion project.

Environmental Assessment/Impact Statement, California Environmental Quality Act (CEQA)
ELR 2006843A04-1109-PL-507(Ind. Ct. App. , )

An Indiana appellate court reversed and remanded a lower court decision that an insurer need not defend and indemnify a service station owner in underlying state administrative proceedings concerning the environmental remediation of the site.

Duty to defend, Duty to indemnify, Insurance
ELR 2006410-1062(U.S., )

The U.S. Supreme Court held that property owners may bring a civil action under the APA to challenge EPA's issuance of a CWA §309 compliance order that directs them to restore their property immediately pursuant to an EPA work plan.

ELR 2007110-0541(D.D.C., )

A district court held that EPA exceeded its authority under CWA §404(c) when it invalidated an existing U.S. Army Corps of Engineer permit authorizing a mining company to discharge fill material from its mountaintop coal mine into two nearby streams.

EPA veto, §404(c)