Purchasing Bottled Water Not a Recoverable Response Cost
A district court dismissed homeowners' CERCLA and RCRA claims against the former owners and operators of a manufacturing plant for alleged well-water contamination. The court is unaware of any cases that support the assertion that purchasing bottled water is a recoverable response cost under CERCLA, and even if it is, the homeowners failed to show that incurring such cost was “necessary.” The RCRA claims were also dismissed because they failed to allege that they are drinking contaminated water.
A district court, in a 126-page opinion, dismissed environmental groups' NEPA lawsuit against the Alabama Department of Transportation, the Corps, and the FHwA in connection with a proposed six-lane, 50-mile highway project north of Birmingham, Alabama. The court granted summary judgment in favor of the defendants, rejecting the groups' claims that the defendants failed to take a hard look at the project's indirect and cumulative impacts or that the defendants acted arbitrarily or capriciously in determining that no SEIS was required
The February 2016 issue of ELR's News & Analysis features an article on emerging regulatory experiments in permit process coordination for endangered species and aquatic resources in California, and looks at partial takings with regard to coastal climate change adaptation. The issue also includes two excerpts from Rethinking Sustainability to Meet the Climate Change Challenge, published by ELI Press. The transcript to a recent ELI seminar on EPA's new ground-level ozone standard is included as well.