Weekly Cases Update Volume 42, Issue 9

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 20

ELR 201492009AP608(Wis., )

The Supreme Court of Wisconsin held that under state law, a town may not impose conditions on a livestock siting permit to protect surface and groundwater. The state legislature has strictly limited the ability of political subdivisions to regulate the livestock facility siting process.

Keywords:
Agriculture, Water quality
ELR 2015008-C-16(E.D. Wis., )

A district court held that a paper company that sold "broke," a byproduct of its manufacturing process, to paper recyclers was not an arranger under CERCLA for PCB contamination in a river.

Keywords:
Arrangers
ELR 2015111-1472(3d Cir., )

The Third Circuit denied petitions for review under NEPA challenging the FAA's approval of an expansion project at the Philadelphia International Airport.

Keywords:
Airports
ELR 201522011-5044, -5045(Fed. Cir., )

The Federal Circuit affirmed in part and reversed in part a lower court's award of over $10.5 million in damages to Kansas electric companies stemming from the U.S. government's partial breach of its contract for the disposal of spent nuclear fuel.

Keywords:
Nuclear Waste Policy Act (NWPA)
ELR 2104410-2017-JPO(D. Kan., )

A district court dismissed a landfill owner's RCRA action in which it sought an injunction requiring the former owner to perform certain remedial and investigative actions at the site. EPA issued the former owner a RCRA cleanup order and permit in 1998.

Keywords:
Claims barred
ELR 201453:10-CV-01397(D. Or., )

A district court held that the U.S. Forest Service violated NEPA, but not the NFMA, in approving the use of herbicides to control invasive plant species in the Wallowa-Whitman National Forest.

Keywords:
Wallowa-Whitman National Forest, Cumulative impacts
ELR 2014610-55371(9th Cir., )

The Ninth Circuit upheld a jury's award of $28.8 million in intangible environmental damages for harm caused by a wildfire negligently caused by a construction company that burned roughly 18,000 acres of the Angeles National Forest in Southern California.

Keywords:
National forests