Weekly Cases Update Volume 45, Issue 1

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 44, Issue 31

ELR 2023812-56467(9th Cir., )

The Ninth Circuit held that DOT did not violate the CAA or NEPA in its approval of a planned expressway connecting the Ports of Los Angeles and Long Beach, California.

Keywords:
Conformity requirements, §176(c)
ELR 2023414-C-985(W. Va. Cnty. Cir. Ct., )

A West Virginia court held that the state's environmental agency violated FOIA when it denied an environmental group's request for all coal mining related discharge monitoring reports for the third and fourth quarters of 2013.

Keywords:
Freedom of Information Act (FOIA)
ELR 2023712-1228(D.C. Cir., )

The D.C. Circuit denied a petition for review seeking vacatur of an OSHA rule, the Hazard Communication Standard, as it applies to combustible dust.

Keywords:
Toxic Substances (generally)
ELR 2023503-CV-5985(E.D.N.Y., )

A district court, on motions for partial summary judgment, dismissed a property owner's CERCLA claims against a lessee who subleased the property to a dry cleaner, who then allowed perchloroethylene to be released into groundwater.

Keywords:
Owners and operators
ELR 20236No. 2:12-3750(S.D. W. Va., )

A district court held that an environmental group may seek injunctive relief and civil penalties against a mining company previously held liable for the unpermitted discharge of selenium into U.S. waters even though the company has since obtained new permits allowing such discharges.

Keywords:
Injunctive relief

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