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 42, Issue 20
The Third Circuit held that a U.S. Army Corps of Engineers complied with NEPA, the CWA, and the CZMA in its decision to deepen the main channel of the Delaware River by five feet. The Corps' 2009 EA was neither arbitrary nor capricious.
A California appellate court upheld a local air district rule that requires manufacturers of consumer paint thinner and solvent products to limit the use of ozone-forming volatile organic compounds (VOCs) in their products. The district issued to rule to satisfy its federal CAA commitments.
The Supreme Court of Wisconsin held that under state law, a town may not impose conditions on a livestock siting permit to protect surface and groundwater. The state legislature has strictly limited the ability of political subdivisions to regulate the livestock facility siting process.
A district court held that a paper company that sold "broke," a byproduct of its manufacturing process, to paper recyclers was not an arranger under CERCLA for PCB contamination in a river.
The Third Circuit denied petitions for review under NEPA challenging the FAA's approval of an expansion project at the Philadelphia International Airport.
The Federal Circuit affirmed in part and reversed in part a lower court's award of over $10.5 million in damages to Kansas electric companies stemming from the U.S. government's partial breach of its contract for the disposal of spent nuclear fuel.
A district court dismissed a landfill owner's RCRA action in which it sought an injunction requiring the former owner to perform certain remedial and investigative actions at the site. EPA issued the former owner a RCRA cleanup order and permit in 1998.