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 10
The Federal Circuit held that the U.S.
A district court vacated the FWS' removal of the Virginia Northern Flying Squirrel from the list of endangered species.
A district court held that the Secretary of the Interior violated FLPMA and the APA when he withdrew a record of decision (ROD) adopting six revised resource management plans, collectively known as the Western Oregon Plan Revisions, for 2.5 million acres of BLM lands in western Oregon.
A district court held that utilities who sold used transformers to a scrap metal company in the 1970s are not liable under CERCLA or the Connecticut Environmental Protection Act.
A district court dismissed a city's CERCLA §107(a) suit against the United States to recover past and future response costs incurred at the former Schilling Air Force Base area in Salina, Kansas. CERCLA §113(h) bars challenges to ongoing response actions being taken under §104.
A district court held that the current owner of a service station may be held liable under CERCLA for the actions of its predecessor and therefore dismissed the owner's motion for summary judgment.
A district court held that insurers have no duty to defend or indemnify a city in over two dozen underlying lawsuits alleging that the city delivered contaminated tap water to its residents. The insurance policies at issue contain pollution exclusion clauses.
The Ninth Circuit upheld, on statutory and constitutional grounds, California's vessel fuel rules as they apply to vessels located more than three miles off the California coast.