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 3
The Fifth Circuit held that a corporation should not be held liable as an arranger under CERCLA for costs associated with cleaning up a plume of perchloroethylene (PERC) that discharged from a dry cleaning business that operated in the 1960s and 1970s.
The Sixth Circuit held that the three-year statute of limitations for contribution actions brought after an administrative settlement to perform a removal action begins running when the settlement becomes effective, not when the removal action is completed.
A district court held BLM liable under the CWA for discharging pollutants from two of its wells into a tributary of the Arkansas River without a permit, but refused to enjoin the agency from further discharges.
The D.C. Circuit upheld the National Park Service's (NPS') deer management plan for Rock Creek National Park in Washington, DC. The plan involves the killing of white-tailed deer to reduce the herd to an ecologically sustainable level.
A district court dismissed EPA's lawsuit against an Oklahoma utility under the CAA alleging that it failed to properly project whether modifications made to two coal-fired power plants would result in an increase in emissions.
A district court, in a 199-page opinion, struck down a local county ordinance banning oil-and-gas drilling, including hydraulic fracturing, within Mora County, New Mexico. Portions of the ordinance essentially provide that corporations have no federal constitutional rights.
A district court held that environmental groups lack standing to challenge the U.S. Export-Import Bank's approval of a $90 million loan guarantee that supports a three-year, $100 million loan from a private bank to a coal exporter.
A California court held that federal mining law preempts a state law that effectively bans the use of any vacuum or suction dredge mining in streams and rivers on federal lands. Under Cal.
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