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 9
The Ninth Circuit upheld the dismissal of an insurance company's subrogation suit for recovery of insurance payments made to its insured for environmental response costs the insured incurred cleaning up pollutants released on its property.
A district court stayed a bankrupt mining company's contribution claims against various defendants for response costs and natural resource damages incurred in connection with the Tri-States Mining District until the amount of total liabilities are determined.
A district court held that genuine issues of material fact preclude a grant of summary judgment in a petroleum distributor's contribution claim against an oil company for costs incurred cleaning up hazardous substance contamination at a gas station and bulk petroleum storage plant formerly l
The U.S. Supreme Court held that stormwater runoff from logging roads that is collected by and then discharged from a system of ditches, culverts, and channels is not a point source discharge for which an NPDES permit is required.
A district court dismissed CWA claims brought by an environmental group seeking to compel an electric company to obtain NPDES permits for its facilities. The group alleged that activities conducted at the facilities and the materials stored there contaminate stormwater discharged from the sites.
The First Circuit held that a lower court erred in dismissing a landowner's CWA citizen suit for lack of proper pre-suit notice. The landowner filed suit against the neighboring property owner—an automobile salvage and recycling business—for discharging pollutants into U.S.
The Ninth Circuit dismissed a lawsuit challenging a Federal Housing Finance Agency (FHFA) directive that prevents Freddie Mac and Fannie Mae from buying mortgages on properties encumbered by liens made under property-assessed clean energy (PACE) programs, which finance environmental improvements
A district court held that FLPMA §204(c), which allows Congress to block DOI withdrawals of new mining claims in excess of 5,000 acres through a resolution of both houses, is unconstitutional.
The Second Circuit held that an environmental group has standing to bring an action to compel FDA to finalize its regulation of triclosan, but not triclocarban, both of which are used in over-the-counter antiseptic antimicrobial soap.