Weekly Cases Update Volume 41, Issue 10

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 41, Issue 24

ELR 20272No. 2010AP2203(Wis. Ct. App. , )

A Wisconsin appellate court held that real estate agents may be held liable to the purchasers of their client's property for failing to disclose that a landfill next to the purchased property was a Superfund site.

Keywords:
Wisconsin, Duty to disclose, Contaminated Sites/Brownfields
ELR 20273No. 04-10-00192-CV(Tex. App. , )

A Texas appellate court reversed and remanded a $550,019 judgment awarded to property owners in their suit against a neighboring convenience store for damages stemming from a leaking UST.

Keywords:
Underground Storage Tanks (USTs), Texas
ELR 20267No. 10-1533(4th Cir., )

The Fourth Circuit denied a petition challenging a DOE rule setting forth energy conservation standards for small electric motors. The motors covered by the rule are electric induction motors ranging in power output from 0.25 to 3 horsepower.

Keywords:
Energy Policy and Conservation Act
ELR 20264No. 10-CV-237F(D. Wyo. , )

A district court vacated two internal DOI guidance documents that address and limit the use of §390 of the Energy Policy Act of 2005, which establishes a "rebuttable presumption" that a categorical exclusion from review under NEPA would apply to certain oil and gas development activitie

Keywords:
Energy Policy Act of 2005, Requirements not met, Categorical exclusions, §1508.4
ELR 20266No. 10-2893(3d Cir., )

The Third Circuit held that the Secretary of Labor need only demonstrate the possibility of exposure to asbestos that is substantially probable to lead to serious harm for purposes of classifying work standard violations as "serious." The Secretary had cited a company for nine &quot

Keywords:
Toxic Substances
ELR 20265No. 10-16715(9th Cir., )

The Ninth Circuit upheld the denial of animal rights groups' motion to preliminarily enjoin DOI from rounding up, destroying, or auctioning off wild horses and burros in the Twin Peaks Herd Management Area on the California-Nevada border.

Keywords:
Injunctions, FRCP 65, Mootness, Wild horses and burros
ELR 20270No. 4:11CV00420-BRW(E.D. Ark., )

A district court denied an energy company's motion to dismiss residents' tort law claims against it for damages stemming from its operation of natural gas compression stations.

Keywords:
Tort Law, Energy (generally)
ELR 20271No. 3:10-CV-311(N.D. Ind. , )

A district court granted a city's motion to dismiss a company's third-party complaint against it for reimbursement of cleanup costs the U.S. government incurred responding to hazardous substances at an industrial site formerly owned by the company.

Keywords:
Owners and operators
ELR 20269No. 11-C-411(W. Va. Cir. Ct., )

A West Virginia court overturned a city's ordinance banning the hydraulic fracturing of Marcellus shale.

Keywords:
Energy (generally), West Virginia
ELR 20268No. S160211(Cal., )

California's highest court upheld a regional water board's issuance of a NPDES permit authorizing a power plant to draw cooling water from an adjacent harbor and slough.

Keywords:
Wetlands, State programs, §402(b)

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