Weekly Cases Update Volume 43, Issue 12

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 43, Issue 30

ELR 202362:12-CV-42(N.D. W. Va. , )

A district court held that litter and manure washed from a farmyard into navigable waters due to a precipitation event is an agricultural stormwater discharge and not a point source discharge, rendering it exempt from the CWA's NPDES permit requirement.

Keywords:
Agriculture, Stormwater discharges, 402(p), Nonpoint source discharges
ELR 2024112-1179(D.C. Cir., )

The D.C.

Keywords:
Certificate of conformity, §203(a)(1)
ELR 2023712-9567(10th Cir., )

The Tenth Circuit held that landowners lacked standing to challenge two wind energy projects in Wyoming.

Keywords:
Energy (generally), Held not satisfied
ELR 2023807-114(D.V.I., )

A district court held that the Virgin Islands may go forward with its suit to recover response costs it incurred responding to the release of hazardous substances at a former alumina facility.

Keywords:
Held consistent with, Investigative costs
ELR 20239CIV-12-149-RAW(E.D. Okla., )

A district court held that an insurance company need not indemnify or defend a waste hauler in an underlying class action lawsuit for contamination stemming from their transport and disposal of "produced fluid waste" from oil and gas drilling operations into an open, unlined dump site.

Keywords:
Held inapplicable in, Duty to indemnify
ELR 2024012-3419(7th Cir., )

The Seventh Circuit held that a town may not assess stormwater management fees on Indian lands located within the town's borders.

Keywords:
Native American tribes
ELR 2023512-1926(4th Cir., )

The Fourth Circuit, in an unpublished opinion, affirmed a lower court decision dismissing landowner's negligence and trespass claims against natural gas drilling companies for alleged well water contamination.

Keywords:
Negligence, Trespass, Water (generally)