Weekly Cases Update Volume 41, Issue 4

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 6

ELR 20094No. 2007-5115(Fed. Cir., )

The Federal Circuit vacated and remanded a lower court decision dismissing breach of contract, takings, and Klamath River Basin Compact claims brought against the U.S. government by agricultural landowners and water, drainage, and irrigation districts in Oregon and California.

Keywords:
Property rights/entitlements, Water allocation under federal law, Water allocation under state law
ELR 20095No. 10-516-cv(2d Cir., )

The Second Circuit held that the Connecticut Inland Wetlands and Watercourses Act (IWWA) and the Connecticut Environmental Protection Act (CEPA), as well as municipal regulations that impose permit requirements for cutting trees on protected wetlands, are not preempted by the Federal Avia

Keywords:
Connecticut Environmental Protection Act, Relationship to federal laws
ELR 20093No. 08-75058(9th Cir., )

The Ninth Circuit, in a case concerning the NRC's approval of a proposed interim spent fuel storage installation at the Diablo Canyon Power Plant, held that the NRC's refusal to grant a nonprofit group access to sensitive information in a closed adjudicatory hearing was not arbi

Keywords:
Nuclear Regulatory Commission (NRC), Nuclear Waste
ELR 20092No. 10-1941(E.D. La. , )

A district court ordered the Bureau of Ocean Exploration Management, Regulation, and Enforcement to act on five pending deepwater drilling permit applications within 30 days. The permit applicant met all the necessary requirements for a preliminary injunction.

Keywords:
Interior, Department of the, Oceans
ELR 20100No. 10-60961(5th Cir., )

The Fifth Circuit granted EPA's request to transfer to the D.C. Circuit Texas' petition for review of the Agency's call for revisions to the state's SIP because its prevention of significant deterioration (PSD) provisions fail to control greenhouse gases.

Keywords:
Venue, Approval and revision, §110(a)
ELR 20097No. 3:96CV-847-S(W.D. Ky., )

A district court dismissed a CERCLA §107 claim brought by a group of real estate developers who purchased contaminated property from a manufacturing company in 1986. Prior to purchasing the property, the group hired an environmental consultant who performed a cursory environmental audit.

Keywords:
Response costs
ELR 20099No. 5:10 CV 673(N.D. Ohio , )

A district court held that an aerospace and technology company is not entitled to insurance coverage by "operation of law" for certain environmental liabilities under CERCLA on policies issued by an insurance company to the prior owner of the contaminated site at issue.

Keywords:
Duty to indemnify, Indemnification
ELR 20098No. 3:08CV331(S.D. Ohio, )

A district court held that residents' state law tort claims against the former owners of an industrial site should not be dismissed under the "primary jurisdiction" doctrine.

Keywords:
Tort Law, Ohio
ELR 20096No. 509741(N.Y. Sup. Ct. , )

A New York appellate court held that a property owner who had no knowledge of a UST on his property when he purchased it and did nothing to contribute to the contamination is nevertheless strictly liable as a discharger and not entitled to reimbursement from the New York Environmental Pro

Keywords:
New York

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