Weekly Cases Update Volume 45, Issue 12

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 45, Issue 29

ELR 2018815-cv-10154(E.D. Mich., )

A district court held that the U.S. Forest Service did not violate NEPA or the APA when it reissued a 30-year special use permit allowing an energy company to continue operating a portion of a 1,100-mile pipeline through the Huron-Manistee National Forest.

Keywords:
Energy (generally), Huron-Manistee National Forest, Mich., Categorical exclusions, §1508.4
ELR 201931:14-CV-747(N.D.N.Y., )

A district court granted in part and denied in part New York's motions to dismiss a company's counterclaims against it in the state's underlying CERCLA action for response costs.

Keywords:
Held not waived, Held waived, Response actions, §104
ELR 201891067 CA 14-02111(N.Y. App. Div., )

A New York appellate court held that residents may go forward with their personal injury and property damage claims against a city and various companies for failing to properly remediate toxic contamination at the Love Canal Superfund site and for allowing toxins to be released during a 2011 sewe

Keywords:
Held not estopped, Remedies, Common-law liability
ELR 2019515-3799 et al.(6th Cir., )

The Sixth Circuit issued a nationwide stay enjoining the "waters of the United States" rule pending the court's determination as to whether it has subject matter jurisdiction to review the rule.

Keywords:
Definitions, §502, Corps of Engineers jurisdiction, Judicial review, §509
ELR 2018713‐1745 et al.(2d Cir., )

The Second Circuit remanded portions of EPA's 2013 general NPDES permit for ship ballast water, a primary cause of the spread of invasive species from one body of water to another.

Keywords:
National pollutant discharge elimination system (NPDES) permit program, 402
ELR 2019414-831(W.D. Wash., )

A district court, on motions for summary judgment, held that a marine fueling, service, and storage facility in Seattle was liable under the CWA for various NPDES general permit violations.

Keywords:
Violations
ELR 201921:00-1898(S.D.N.Y., )

A district court denied in part motions to dismiss as time barred Puerto Rico's lawsuit against various oil companies for methyl tertiary butyl ether (MTBE) groundwater contamination.

Keywords:
Groundwater, Methyl tertiary butyl ether (MTBE)

You must be an ELR subscriber to access the full content.

You are not logged in. To access this content: