Weekly Cases Update Volume 43, Issue 2

The cases listed below appear in the most recent issue of ELR Update. For cases previously reported, please use the filter on the left.

Volume 42, Issue 36

ELR 20257C060569(Cal. Ct. App. 3d Dist., )

A California appellate court reversed a lower court decision granting lumber companies' petition to delist coho salmon from the California list of endangered species.

California Endangered Species Act (CESA), Coho salmon
ELR 20258B235039(Cal. Ct. App. 2d Dist., )

A California appellate court affirmed a lower court decision denying a municipal water district's petition challenging a water replenishment district's "water emergency" declaration for California's Central Basin.

Environmental impact reports (EIRs), Water allocation under state law
ELR 20259G045622(Cal. Ct. App. 4th Dist., )

A California appellate court affirmed a lower court decision denying a conservation group's petition seeking to vacate a city's certification of an environmental impact report (EIR) for the development of a park.

Environmental Assessment/Impact Statement, Environmental impact reports (EIRs)
ELR 2026009-1322(D.C. Cir., )

The D.C. Circuit denied a petition for rehearing of an earlier decision in which it upheld four EPA rulemakings governing greenhouse gases. EPA issued the rules following the U.S. Supreme Court's decision in Massachusetts v. EPA, 549 U.S.

Climate Change (generally), Greenhouse gases
ELR 2026112-70518(9th Cir., )

The Ninth Circuit denied an environmental group's petition challenging EPA's decision to grant two air permits authorizing exploratory drilling operations in the Arctic Ocean by a drillship and its associated fleet of support vessels.

Outer continental shelf (OCS)
ELR 20262CV-04-256-LRS(E.D. Wash., )

A district court held that a mining company that operates a smelter in Canada is liable as an arranger under CERCLA for the release and threatened release of hazardous substances in the Upper Columbia River.

ELR 2026311-4055-cv(2d Cir., )

The Second Circuit reversed a lower court decision that an insurance company need not indemnify a manufacturing company for environmental contamination that occurred at one of its facilities in the late 1960s and early 1970s.

Excess liability policy