Weekly Cases Update Volume 45, Issue 11

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 45, Issue 27

ELR 201752015-Ohio-3761(Ohio, )

The Ohio Supreme Court held that a local election board exceeded its statutory authority when it refused to certify a city's proposed ballot measure that would, among other things, ban hydraulic fracturing within city limits and create a civil cause of action for damages to be brought in the

Keywords:
Constitutional law, Hydraulic Fracturing
ELR 2018014-3634(7th Cir., )

The Seventh Circuit held that a utility may not seek contribution against a corporation for remediation costs the utility incurred at a former coke plant that was operated by the corporation's predecessor more than 90 years ago.

Keywords:
Held not available, Corporations
ELR 2017914-2191(8th Cir., )

The Eighth Circuit reversed a lower court decision certifying as a class a group of homeowners alleging nuisance claims against an oil company that owns a nearby contaminated site.

Keywords:
Common questions, FRCP 23(b)(3), Nuisance, Hazardous Substances
ELR 20177MDL 2179(E.D. La., )

A district court dismissed an environmental group's EPCRA lawsuit against BP for failing to report the release of hazardous substances following the Deepwater Horizon oil spill, holding no such duty existed.

Keywords:
Emergency Planning and Community Right-To-Know Act (EPCRA)
ELR 201782015-OHIO-3705(Ohio, )

The Supreme Court of Ohio held that a regional sewer district has the authority to create and impose fees for a stormwater management program.

Keywords:
Water, Water pollution
ELR 201762:14-cv-08499(C.D. Cal., )

A district court upheld FWS' decision to terminate the southern sea otter translocation program off the coast of California.

Keywords:
Wildlife (generally)
ELR 2017413-17358(9th Cir., )

The Ninth Circuit held that California's commercial fishing fees for nonresidents violates the Privileges and Immunities Clause of the U.S. Constitution. California's commercial fishing license fees are significantly higher for out-of-state fishers than for residents.

Keywords:
Privileges and Immunities Clause, Fisheries, Constitutional law