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 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
ELR 2018010-56017(9th CIr., )

The Ninth Circuit, on remand from the U.S. Supreme Court, held that pollution exceedances detected at monitoring stations in Los Angeles County were sufficient to establish the county's liability for NPDES permit violations under the CWA. In Los Angeles County Flood Control Dist. v.

Keywords:
Violations
ELR 20175S-12-723(Neb., )

The Supreme Court of Nebraska held that a 2010 state law that changed the manner in which wind energy generation facilities in Nebraska are taxed is constitutional.

Keywords:
Energy (generally), Nebraska
ELR 2017311-35818, -3582(9th Cir., )

The Ninth Circuit held that BLM's resource management plan (RMP) for the Upper Missouri River Breaks National Monument complied with NEPA and the Federal Land Policy and Management Act (FLPMA) but violated the National Historic Preservation Act (NHPA).

Keywords:
Wilderness study areas, National Historic Preservation Act (NHPA), National monuments
ELR 2017612-35844(9th Cir., )

The Ninth Circuit, in an unpublished opinion, affirmed in part and reversed in part a lower court decision denying an environmental group's motion to preliminarily enjoin a BLM-approved timber sale.

Keywords:
Alternatives, §102(2)(E)

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