FTCA Claims for Alleged Drinking Water Contamination at a Military Base Dismissed
The Eleventh Circuit dismissed military families' claims against the government under the Federal Tort Claims Act for various health problems due to their alleged exposure to toxic substances in the drinking water while living at a military base in North Carolina. The North Carolina statute of repose, which provides that “no cause of action shall accrue more than 10 years from the last act or omission of the defendant giving rise to the cause of action," precludes the case.
Settling CWA Defendant to Pay $1 Million Under Proposed DOJ Consent Decree
A settling CWA and Outer Continental Shelf Lands Act defendant responsible for unauthorized discharges of oil and chemicals from an oil platform into the Gulf of Mexico must pay a $1 million civil penalty and must perform corrective measures.
Nebraska's Lawsuit Challening EPA's Proposed CO2 Standards Dismissed
A district court dismissed Nebraska's lawsuit challenging EPA's proposed standards to limit carbon dioxide emissions from new or modified fossil fuel-fired electric utility generating units. EPA has not finalized the standards, and the state cannot sue in federal court to challenge a rule that EPA has not yet actually made. The court therefore dismissed the case for lack of jurisdiction.
The October issue of ELR's News & Analysis features the winner of the 2013-2014 Beveridge & Diamond Constitutional Environmental Law Writing Competition. The article, written by Paul T. Stewart of Wayne State University Law School, looks at the dormant Commerce Clause and its impact on state-level greenhouse gas regulation. Two honorable mention pieces—one on the U.S. Supreme Court's decision in Koontz v. St. Johns River Water Management District, and the other on the "right to roam" on private property—are featured as well. The October issue also examines key natural resource damage liability decisions from 2004-2014, and includes a transcript from a recent ELI seminar on "waters of the United States."