Weekly Cases Update Volume 50, Issue 11

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 50, Issue 27

ELR 20212S251709(Cal., )

The California Supreme Court held that a county's policy of approving permits for new water wells without environmental review violated the California Environmental Quality Act (CEQA).

Keywords:
Environmental Assessment/Impact Statement
ELR 2021319-1794(1st Cir., )

The First Circuit amended a previous ruling vacating an air permit issued by the Massachusetts Department of Environmental Protection (MDEP) for a proposed natural gas compressor station that is part of a pipeline connecting the northeastern United States and Canada.

Keywords:
Air (generally)
ELR 2020719-2395-ag (L) and 19-2508-ag (CON)(2d Cir., )

The Second Circuit vacated a final rule published by the National Highway Traffic Safety Administration (NHTSA) that reversed the agency's 2016 civil penalty increase for noncompliance with Corporate Average Fuel Economy (CAFE) standards.

Keywords:
Civil penalties
ELR 2021018-2865 and 19-2243(3d Cir., )

The Third Circuit held that a PRP's settlement with New Jersey resolving its state-law liability in connection with contamination at a municipal landfill did not protect the party from lawsuits seeking contribution toward expenditures made by EPA on the same site.

Keywords:
Claims not barred
ELR 2020819-35116(9th Cir., )

The Ninth Circuit vacated dismissal of a Federal Tort Claims Act (FTCA) lawsuit brought against the U.S. government concerning pollution from an abandoned military facility in Alaska.

Keywords:
Discretionary function exception
ELR 2021117-cv-6250 (NSR)(S.D.N.Y., )

A district court held that an oil company was liable for a plume of gasoline beneath a former gasoline station that was migrating toward nearby housing units in White Plains, New York.

Keywords:
Imminent and substantial endangerment, §7002(a)(1)(B)
ELR 202091:20-CV-460-RP(W.D. Tex., )

A district court denied a motion to preliminarily enjoin further construction of a 429-mile natural gas pipeline in Texas.

Keywords:
National Environmental Policy Act (NEPA)

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