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In re Methyl Tertiary Butyl Ether

A district court dismissed as time-barred Puerto Rico's lawsuit against two gasoline suppliers for groundwater contamination. The commonwealth had sufficient knowledge of both the alleged injury and the identity of the alleged tortfeasors in 2007 when it filed its initial complaint against gasoline ...

Fox v. Elk Run Coal Co.

The Fourth Circuit affirmed a lower court decision dismissing a widow's claim that a coal company committed fraud on the court and thereby deprived her husband, a coal miner, of nearly a decade of benefits under the Black Lung Benefits Act (BLBA). Because the coal company had admitted liability for ...

National Parks Conservation Ass'n v. Environmental Protection Agency

The D.C. Circuit dismissed Arizona's objection to a consent decree that established a timeline for EPA to approve a SIP, or promulgate a federal implementation plan (FIP), that would meet the requirements of the Regional Haze Rule. A lower court held that it lacked jurisdiction to hear the objection...

Tri-Realty Co. v. Ursinus College

A district court dismissed a property owner's OPA claims against a nearby college for land and water contamination allegedly caused by heating oil that leaked from USTs on the college campus. The property owner brought claims under the CWA, OPA, RCRA, and state law. Based on the language and legisla...

Northern Laramie Range Alliance v. Federal Energy Regulatory Commission

The Tenth Circuit held that landowners lacked standing to challenge two wind energy projects in Wyoming. FERC certified the projects under the Public Utilities Regulatory Policies Act, which seeks to promote renewable energy sources by requiring utilities to buy power from small facilities that meet...

Washington Environmental Council v. Bellon

The Ninth Circuit held that environmental groups lacked standing to compel the Washington State Department of Ecology and other regional agencies to regulate greenhouse gas emissions from the state's five oil refineries under the CAA. The groups claimed that the agencies failed to define emission li...