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Weekly Cases Update Volume 42, Issue 32

Sierra Club v. Environmental Protection Agency

42 ELR 20234
11-1184 (D.C. Cir., November 2012)

The D.C. Circuit held that EPA's determination that it completed sufficient standards to meet CAA §112(c)(6)'s 90% requirement for hazardous air pollutants is a legislative rulemaking subject to APA notice-and-comment requirements. EPA's determination, having declared the end not only of its...

Hazardous air pollutants, §112

Desert Citizens Against Pollution v. Environmental Protection Agency

42 ELR 20233
11-1113 (D.C. Cir., November 2012)

The D.C. Circuit upheld an EPA rule that added the gold mine ore processing and production area source category to the list of source categories to be regulated under CAA §112(c)(6). CAA §112(c)(6) requires action by EPA on seven bioaccumulative hazardous air pollutants (HAPs), including mercury...

Mercury emissions

Asociacion de Gente Unida por el Agua v. Central Valley Regional Water Quality Control Board

42 ELR 20228
C066410 (Cal. Ct. App. 3d Dist., November 2012)

A California appellate court held that a water control board order that regulates waste from existing milk cow dairies violates the state's antidegradation policy. The order prohibits the further degradation of groundwater, as is required by the state’s antidegradation policy, but it does not...

Quality, Water pollution

Savannah Riverkeeper v. South Carolina Department of Health and Environmental Control

42 ELR 20231
27182 (S.C., November 2012)

South Carolina's highest court held that the state's environmental agency violated state law when it negotiated an agreement with the U.S. Army Corps of Engineers and the Georgia Ports Authority before issuing a CWA §401 water quality certificate for a proposed expansion project for Savannah...

South Carolina, State certification, §401

Gellert v. Coltec Industries, Inc.

42 ELR 20232
09-11582 (Bankr. Ct. D. Del., October 2012)

A bankruptcy court denied a company's motion to dismiss a bankruptcy trustee's CERCLA §107 claim against it for response costs incurred by the debtor to EPA, New York, and a manufacturer as a result of the debtor's settlement of their CERCLA claims. The company argued that the trustee cannot...

Bankruptcy

Wynne v. Klein

42 ELR 20229
03-11-00574 (Tex. App., October 2012)

A Texas appellate court held that sovereign immunity bars an individual's lawsuit against the board members of a local reclamation district claiming that their activities caused a lake to be substantially drained during 2008 and for most of the years 2009 through 2011. As a governmental agency...

Quantity, Sovereign immunity, Sovereign immunity

Teel v. Chesapeake Appalachia, LLC

42 ELR 20230
5:11CV5 (N.D. W. Va., October 2012)

A district court dismissed a landowner's trespass claim against an energy company for waste stemming from natural gas drilling operations on the property. The company owns the mineral rights underlying the land. As part of its drilling operations, the company deposited drilling waste and other...

Mining, Trespass