Weekly Cases Update Volume 45, Issue 2

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 34

ELR 20262(S.D. Cal., )

A district court, in a 120-page decision, dismissed claims that the U.S. Navy negligently exposed a child to thallium dust during its cleanup of a contaminated landfill site.

Keywords:
Toxic Substances (generally)
ELR 2026114 Civ. 01383(S.D.N.Y., )

A district court granted in part and denied in part motions to dismiss property owners' CERCLA contribution claims against a company for contamination stemming from a manufactured gas plant that the company's predecessor operated from the 1830s until the early 1900s.

Keywords:
Contribution
ELR 202583:14-cv-00171(D. Alaska, )

A district court issued a preliminarily injunction barring EPA from taking further steps under CWA §404(c) in connection with the proposed Pebble Mine project in southwestern Alaska until after the court has ruled on the merits of the mine's lawsuit against the Agency for alleged Federal Adv

Keywords:
EPA veto, §404(c)
ELR 2025714-376C(Fed. Cl., )

The Federal Claims Court denied a motion to dismiss a wetlands mitigation bank's breach of contract claim against the government.

Keywords:
Mitigation
ELR 2026010-Cl-18667(Ky. Cir. Ct., )

A Kentucky court rejected a proposed consent decree between the state's environmental agency and a coal mine concerning extensive CWA violations. The proposed consent decree is not fair, reasonable, or in the public interest.

Keywords:
Consent decrees
ELR 202554:13-cv-450(E.D. Ark., )

A district court held that the Farm Service Agency and the Small Business Administration violated NEPA and the ESA when they guaranteed loans to a hog farm without adequately assessing the farm's environmental impact.

Keywords:
National Environmental Policy Act (NEPA), Interagency consultation, §7(a)
ELR 2025112-16797(9th Cir., )

The Ninth Circuit upheld a lower court decision dismissing an environmental group's citizen suit requesting EPA to issue more stringent regulations for ozone pollution under the PSD program.

Keywords:
Citizen suits, §304, Prevention of significant deterioration (PSD)
ELR 20259D063288(Cal. Ct. App. 4th Dist., )

A California appellate court held that the San Diego Association of Governments (SANDAG) failed to adequately consider greenhouse gas emissions impacts in violation of the California Environmental Quality Act (CEQA) during its preparation of its 2050 regional transportation plan.

Keywords:
Climate Change (generally), California Environmental Quality Act (CEQA)
ELR 2025213-1184(D.C. Cir., )

The D.C. Circuit dismissed an Iowa electric utility's motion to overturn a FERC order requiring it to "reconnect" to a wind generator within its territory. Federal Power Act §313 limits judicial review to orders issued in proceedings under that Act.

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