Weekly Cases Update Volume 45, Issue 4

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 4

ELR 2002313-1751(D. Minn., )

A district court held that livestock farm groups lack standing to bar EPA from releasing their members' personal information—including the physical address and other operational details about the farms—in response to environmental groups' FOIA requests for information about concentrated

Keywords:
Agriculture, Exemption No. 6
ELR 2002112-16980(9th Cir., )

The Ninth Circuit reversed a lower court decision denying environmental groups' request for attorneys fees after they successfully challenged OSM's grant of a coal mining permit revision.

Keywords:
Attorneys fees
ELR 2002414-1450(4th Cir., )

The Fourth Circuit held that a Virginia facility that stores and blends coal for a nearby power plant is subject to the Mine Safety and Health Administration's (MSHA's) jurisdiction under the Federal Mine Safety and Health Act of 1977.

Keywords:
Federal Mine Safety and Health Act (FMSHA)
ELR 20025A-38(N.J., )

The New Jersey Supreme Court held that the general six-year statute of limitations for injury to real property does not apply to private claims for contribution made pursuant to the New Jersey Spill Compensation and Control Act (Spill Act).

Keywords:
Hazardous, New Jersey Spill Act
ELR 200281917 C.D. 2013(Pa. Commw. Ct., )

A Pennsylvania court affirmed a lower court order granting the Pennsylvania Department of the Environment's (PaDEP's) petition to investigate, remediate, and clean up contamination on private property under the Pennsylvania Hazardous Sites Cleanup Act (HSCA).

Keywords:
Hazardous, Hazardous Sites Cleanup Act, Storage Tank and Spill Prevention Act
ELR 2002213-5086(6th Cir., )

The Sixth Circuit held that the CWA's permit shield protects a surface coal mining company from liability for selenium discharges. The company, which operates under a state-issued general NPDES permit, discharged selenium into surrounding water.

Keywords:
Coverage
ELR 200262:13-5006(S.D. W. Va., )

A district court held a West Virginia coal mine liable under the CWA for discharging excessive amounts of ionic pollution, measured as conductivity and sulfates, into the waters of West Virginia in violation of its NPDES permits.

Keywords:
Violations
ELR 2002712-00198(D. Haw., )

A district court held that a Hawaiian county violated the CWA by discharging effluent without a NPDES permit at two of four injection wells at the Lahaina Wastewater Reclamation Facility. At issue was whether the discharges were from a point source.

Keywords:
Held included, Violations
ELR 2002013AP-883(Ohio Ct. App., )

An Ohio appellate court held that the state environmental review board erred in affirming portions of Ohio EPA's CWA §401 water quality certification that prohibited a coal mining company from impacting certain wetlands.

Keywords:
State certification, §401, Delineation

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