Weekly Cases Update Volume 43, 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 43, Issue 20

ELR 2015312-1026, -1051(7th Cir., )

The Seventh Circuit held that the statute of limitations bars EPA's and Illinois' CAA suit against a power company for failing to obtain preconstruction permits and to use best available control technology (BACT) at five coal-fired power plants that were modified prior to it acquiring t

Keywords:
Preconstruction requirements, §165
ELR 2015412CA1251(Colo. Ct. App., )

A Colorado appellate court held that under state law, a trial court may not order plaintiffs in a toxic tort case to present prima facie evidence supporting their claims after initial disclosures, but before full discovery begins, or risk having their case dismissed.

Keywords:
Toxic torts
ELR 2015109-36122 et al(9th Cir., )

The Ninth Circuit upheld rules DOI and USDA issued in 1999 that implement part of the Alaska National Interest Lands Conservation Act (ANILCA) concerning subsistence fishing and hunting rights. In Alaska v. Babbitt, 72 F.3d 698 (9th Cir.

Keywords:
Alaska National Interest Lands Conservation Act
ELR 20148A133868(Cal. Ct. App. 1st Dist., )

A California appellate court upheld a county ordinance banning single-use plastic bags and imposing a fee on single-use paper bags against claims that the ordinance was enacted in violation of the California Environmental Quality Act (CEQA).

Keywords:
Environmental Assessment/Impact Statement, Exemptions
ELR 2014712-2983(2d Cir., )

The Second Circuit affirmed a lower court's grant of summary judgment in favor of a chemical manufacturing company sued by several individuals seeking to recover from injuries allegedly caused by their exposure to soil and drinking water polluted by hazardous wastes produced at a pesticide p

Keywords:
Pesticides
ELR 2015012-1290(4th Cir., )

The Fourth Circuit held that the discovery rule set forth in CERCLA §309 preempts North Carolina's 10-year limitation on the accrual of real property claims.

Keywords:
Held preempted, Hazardous wastes & substances

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