Weekly Cases Update Volume 40, Issue 6

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 , Issue

ELR 20097Nos. 3433 et al.(W. Va., )

The West Virginia Supreme Court affirmed in part and reversed in part a series of jury verdicts, orders and rulings in a class action where the owner of a zinc smelter facility was found liable to class members for approximately $382 million in damages related to off-site arsenic, cadmium, and le

Keywords:
Damages
ELR 20101No. 09-480(D.N.J., )

A district court denied a chromium production facility operator’s motion for summary judgment with respect to claims seeking remediation of hexavalent chromium contamination under the imminent and substantial endangerment citizen suit provision of RCRA.

ELR 20099No. DA08-0506(Mont., )

The Supreme Court of Montana affirmed a lower court’s award of almost $41 million in damages to the state of Montana from a wholesale electric generator for its use of state-owned riverbeds at its hydroelectric generation facilities.  The court held that title to the riverbeds

Keywords:
Energy
ELR 20104No. 07-0972(D.D.C., )

A district court rejected a homebuilder association's facial challenge to nationwide permit 46, which governs the discharge of dredged or fill materials into nontidal upland ditches. The association argued that the U.S.

ELR 20100No. 09-15483(9th Cir., )

The Ninth Circuit vacated a lower court decision that granted a preliminary injunction prohibiting the enforcement of California Penal Code §599f, which bans the slaughter and inhumane handling of nonambulatory animals, against federally regulated swine slaughterhouses.

Keywords:
California Penal Code
ELR 20098No. 09-0097(2d Cir., )

The Second Circuit affirmed in part and vacated in part a lower court decision that found a county’s mosquito-control activities lawful under the CWA.

ELR 20103Nos. 3:09-CV-6 et al.(E.D. Tenn., )

A district court allowed negligence claims against the Tennessee Valley Authority (TVA) to continue in seven lawsuits stemming from a coal-ash spill, but it held that the TVA is not subject to punitive damages.

Keywords:
Tennessee Valley Authority
ELR 20115No. 3:08-0229(M.D. Tenn., )

A district court denied defendants’ motion to dismiss an environmental group’s claims under the citizen suit provisions of RCRA to abate an alleged imminent and substantial endangerment to human health and the environment posed by trichloroethylene and perchloroethylene disposed at a landfill.

ELR 20107Nos. A124351 et al.(Cal. Ct. App., )

A California appellate court affirmed a lower court decision that held that the California Regional Water Quality Control Board (Board) had no authority to enforce state law governing waste discharge to several hydroelectric dams operating under a federal license.

Keywords:
Hydroelectric projects
ELR 20110No. 09-1090(D.C. Cir., )

The D.C. Circuit denied a trucking association’s petition to review an EPA decision authorizing under the CAA a California rule that regulated emissions from transportation refrigeration units (TRUs) in trucks.