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 11

ELR 20076No. 2:09-ev-481(E.D. Va., )

A district court held that a local sanitation department that owns and operates a complex sanitary sewer conveyance system and 13 wastewater treatment plants must pay penalties for the unintended discharge of sewage following heavy rainfall in the spring of 2010.

Keywords:
Consent decrees
ELR 2008310-4011(3d Cir., )

The Third Circuit upheld the dismissal of a mother's Federal Tort Claims Act (FTCA) suit against the government after her child was bitten by a barracuda while playing near the shore of Buck Island Reef National Monument in St. Croix.

Keywords:
Included
ELR 20078No. 08-424(D.D.C., )

A district court held that an environmental group may go forward with its CAA citizen suit against EPA for failing to promulgate by November 15, 2000, regulations to reduce hazardous air pollutant emissions created during the manufacturing of brick and structural clay products.

Keywords:
Brick and ceramic kiln standards
ELR 200794:09cv165(N.D. Fla., )

A district court remanded to EPA its determination that several provisions of Florida's "impaired water rule" are not new or revised water quality standards and, thus, not subject to approval by the Agency.

Keywords:
Review and revision, §303(c), State standards, §303(a), Water pollution
ELR 2008004-256(E.D. Wash., )

A district court held that a Canadian mining company, if found liable under CERCLA, will be subject to joint and several liability for response costs incurred by the state of Washington and a Native American tribe along a portion of the Upper Columbia River.

Keywords:
Joint and several liability
ELR 2008109cv2233(S.D. Cal., )

A district court dismissed California's suit against DOI challenging its approval of the Colorado River Water Delivery Agreement under NEPA and the CAA.

Keywords:
Held not satisfied
ELR 2008210-04360(N.D. Cal., )

A district court ordered the California Department of Transportation to revise its EA for a proposal to widen a highway through a state park home to ancient redwoods as well as an abundance of wildlife, including the marbled murrelet and spotted owl.

Keywords:
Parks, Discussion of, held inadequate
ELR 2007749S02-1104-PL-199(Ind., )

The Indiana Supreme Court held that an insurance company must provide coverage to a manufacturer for TCE contamination even though the policy contained an absolute pollution exclusion clause.

Keywords:
"Pollutant" construed, Held not to bar, Insurance

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