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 7
A California appellate court invalidated a state policy prohibiting development seaward of the most landward historical position of the mean high tide line. The policy is an invalid underground regulation because it was not promulgated as a regulation under the APA.
A Michigan appellate court reversed the dismissal of property owners' nuisance claims against a manufacturing company for groundwater contamination. The lower court relied on Adkins v Thomas Solvent Co., 440 Mich. 293, 487 N.W. 2d 715 (1992), in dismissing the case.
A district court held that the CAA preempts a city transit employee's negligence and strict liability claims against a company for injuries stemming from diesel exhaust fumes.
The Fourth Circuit held that a biological opinion issued by the National Marine Fisheries Service as part of EPA's process of reregistering the insecticides chlorpyrifos, diazinon, and malathion is subject to judicial review under the APA.