Weekly Cases Update Volume 45, Issue 12

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 30

ELR 2019614-209(W.D. Pa., )

A district court struck down portions of a town ordinance, deemed a "Community Bill of Rights," that sought to ban the disposal of waste materials from oil and gas extraction within its borders. The town is a "second class township" under state law.

Hydraulic Fracturing
ELR 2020004-14-00650(Tex. App. Ct., )

A Texas appellate court upheld a lower court decision dismissing a family's nuisance and negligence claims against two oil companies for alleged health and property damage stemming from hydraulic fracturing operations near their home.

Causation, proof of, Hydraulic Fracturing
ELR 2019845887-0-II(Wash. Ct. App., )

A Washington appellate court upheld an administrative board decision invalidating the Department of Ecology's and a city's threshold determinations for two crude oil terminal development projects under the State Environmental Policy Act (SEPA), but denied environmental groups' clai

Environmental Assessment/Impact Statement, Land use
ELR 2020210-C-910(E.D. Wis., )

A district court granted a motion to reconsider its prior decision that a PRP established the divisibility defense and, therefore, should not be jointly and severally liable for cleanup costs at the Lower Fox River Superfund site in Wisconsin, and held that the PRP had not, in fact, established t

Divisibility of harm
ELR 201991:14-cv-753(M.D.N.C., )

A district court denied motions to dismiss environmental groups' CWA citizen suit against an energy company for alleged NPDES permit violations at a retired coal-fired power plant.

ELR 201972:14-cv-16744(S.D. W. Va., )

A district court denied in part and granted in part EPA's motion to dismiss property owners' lawsuit challenging the constitutionality of an EPA compliance order under CWA §309.

Due process, Enforcement
ELR 202012:13-CV-02136(N.D. Ala., )

A district court upheld the U.S. Army Corps of Engineers' decision to issue a general nationwide permit—NWP 21—authorizing discharges from certain coal mining activities into navigable waters.

Nationwide permit
ELR 2020315-00341(D. Md., )

A district court granted in part motions to dismiss an oil company's OPA, Pipeline Safety Act, and Maryland state-law claims against the alleged owners and operators of an underground pipeline in southeast Baltimore.

Contamination, Oil Pollution Act (OPA)