Weekly Cases Update Volume 42, Issue 6

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 12

ELR 20090No. B232655(Cal. Ct. App. 2d Dist., )

A California appellate court held that a local board's environmental impact report (EIR) for the construction of a light rail line connecting downtown Los Angeles with Santa Monica complies with the California Environmental Quality Act (CEQA).

Keywords:
Environmental impact reports (EIRs), Transportation
ELR 20084No. A130980(Cal. Ct. App. 1st Dist., )

A California appellate court upheld a county board's adoption of a zoning ordinance pertaining to lot line adjustments.

Keywords:
Zoning, Exemptions
ELR 20085Nos. 2010-5155, -5157(Fed. Cir., )

The Federal Circuit reversed in part a lower court's award of damages in favor of an energy company in a case involving the government's breach of its commitment to dispose of spent nuclear fuel.

Keywords:
Government contracts, Waste disposal
ELR 20091No. 11-11915(11th Cir., )

The Eleventh Circuit upheld FWS' denial of petitions to designate critical habitat for the Florida panther under the ESA. Environmental groups claimed that the denial of their petitions was arbitrary and capricious under the APA.

Keywords:
Critical habitat designation
ELR 20093No. 11-30549(5th Cir., )

The Fifth Circuit reversed and remanded a lower court decision dismissing an environmental group's CWA action against a city for violations at its wastewater treatment plants. The lower court erred in ruling that a 2002 consent decree between the city and the U.S.

Keywords:
District court jurisdiction, Consent decrees
ELR 20092No. 06-2891(D.N.J., )

A district court held that a property owner is not entitled to attorney fees from the U.S. government in an underlying case in which the government was found liable under RCRA for trichloroethylene contamination at the site. The lower court held that the U.S.

Keywords:
Fees denied
ELR 20087No. 11-10540(11th Cir., )

The Eleventh Circuit upheld a restaurant manager's conviction for conspiring to illegally dump restaurant grease into U.S. waters in violation of the CWA. The evidence was easily sufficient to sustain a finding that he conspired to intentionally violate the CWA.

Keywords:
Knowing violation, §309(c)(2)
ELR 200891:11-cv-1094(E.D. Cal., )

A district court held that a low-income community association may go forward with its claim against EPA for failing to issue preliminary findings and recommendations for voluntary compliance in response to a Title VI complaint concerning the siting, permitting, expansion, and operation of tox

Keywords:
Civil rights claims
ELR 20086No. 100764(Va. Ct. App., )

The Virginia Supreme Court, upon rehearing a case, once again held that under Virginia law, an insurer has no duty to defend or indemnify an energy company in an underlying lawsuit brought by a native Alaskan village for damages allegedly caused by global warming through the emission of green

Keywords:
Climate Change (generally)
ELR 20088No. 284 MD 2012(Pa. Commw. Ct., )

A Pennsylvania appellate court enjoined for 120 days the effective date of a new state law, Act 13, that authorizes municipalities to regulate the location of oil and gas operations but not the manner in which they are operated.

Keywords:
Energy (generally), Zoning

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