Weekly Cases Update Volume 43, Issue 10

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 43, Issue 22

ELR 201823:12-CV-00048, -00010(D. Alaska, )

A district court upheld DOI's approval of oil spill response plans an oil company submitted for drilling operations in the Chukchi and Beaufort Seas.

Keywords:
Planning and prevention, §311(j)
ELR 2017710-17520 et al.(9th Cir., )

The Ninth Circuit affirmed in part and reversed in part a lower court decision granting summary judgment in favor of homeowners and the Nevada Division of Environmental Protection in a CERCLA and RCRA case involving soil and groundwater contamination under a Las Vegas shopping center.

Keywords:
Commerce Clause, Hazardous wastes & substances
ELR 2018511-1501, -1523(7th Cir., )

The Seventh Circuit held that the trustees of a fund established to finance and oversee the cleanup of a contaminated site near Zionsville, Indiana, may go forward with their lawsuit under CERCLA to recover cleanup costs from the former owners of the site.

Keywords:
Statute of limitations, §113(g), Settlements, §122
ELR 20181A130682 et al.(Cal. Ct. App. 1st Dist., )

A California appellate court held that a newly enacted state law that prohibits counties from restricting or limiting the importation of solid waste into a privately owned facility in the county based on the waste's place of origin preempts a voter-approved 1984 initiative measure that sever

Keywords:
Collection and disposal, Preemption
ELR 2018413-12-00072(Tex. Ct. App., )

A Texas appellate court held that an insurance company has a duty to defend its insured in underlying lawsuits stemming from a sinkhole formed by the insured's waste disposal well operations.

Keywords:
Held triggered by, Collection and disposal, Held not to bar
ELR 201782:12CV00009(W.D. Va., )

A district court held that a mining company is liable under the CWA for the unpermitted discharge of selenium at one its surface mines.

Keywords:
Held not included, Violations
ELR 2017913-0078(D.D.C., )

A district court dismissed a homebuilder association's lawsuit against EPA and the U.S. Army Corps of Engineers challenging their determination that portions of the Santa Cruz River are traditional navigable waters (TNW) under the CWA.

Keywords:
Standing, Federalism issues, Navigable Waters
ELR 20174RG12-643520(Sup. Ct. Cal., )

A California court held that the California Department of Public Health must adopt a final primary drinking water standard for hexavalent chromium.

Keywords:
Water (generally), Drinking water
ELR 2017211-16470 et al.(9th Cir., )

The Ninth Circuit affirmed a lower court decision vacating the Nevada state engineer's approval of the state wildlife agency's application to transfer water rights from agricultural land in the Newlands Reclamation Project to the Carson Lake and Pasture, a wetlands-containing wildlife r

Keywords:
Irrigation, Water allocation under state law, Water rights
ELR 2018313-107(D. Minn., )

A district court dismissed a landowner's lawsuit challenging the U.S. Army Corps of Engineers' jurisdictional determination for property that contains peat.

Keywords:
Corps of Engineers jurisdiction, Dredge and fill permits

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