Weekly Cases Update Volume 43, Issue 5

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 9

ELR 2006511-00138(W.D. Mo., )

A district court stayed a bankrupt mining company's contribution claims against various defendants for response costs and natural resource damages incurred in connection with the Tri-States Mining District until the amount of total liabilities are determined.

Keywords:
Procedure
ELR 200663:11-cv-00214(D. Or., )

A district court held that genuine issues of material fact preclude a grant of summary judgment in a petroleum distributor's contribution claim against an oil company for costs incurred cleaning up hazardous substance contamination at a gas station and bulk petroleum storage plant formerly l

Keywords:
Summary judgment, FRCP 56, Contribution
ELR 2006211-338(U.S., )

The U.S. Supreme Court held that stormwater runoff from logging roads that is collected by and then discharged from a system of ditches, culverts, and channels is not a point source discharge for which an NPDES permit is required.

Keywords:
EPA rules and regulations, Held not included
ELR 2006010-0121(N.D. Cal., )

A district court dismissed CWA claims brought by an environmental group seeking to compel an electric company to obtain NPDES permits for its facilities. The group alleged that activities conducted at the facilities and the materials stored there contaminate stormwater discharged from the sites.

Keywords:
Basis for suit
ELR 2006412-2031(1st Cir., )

The First Circuit held that a lower court erred in dismissing a landowner's CWA citizen suit for lack of proper pre-suit notice. The landowner filed suit against the neighboring property owner—an automobile salvage and recycling business—for discharging pollutants into U.S.

Keywords:
Notice held adequate
ELR 2006112-16986(9th Cir., )

The Ninth Circuit dismissed a lawsuit challenging a Federal Housing Finance Agency (FHFA) directive that prevents Freddie Mac and Fannie Mae from buying mortgages on properties encumbered by liens made under property-assessed clean energy (PACE) programs, which finance environmental improvements

Keywords:
Energy (generally)
ELR 2006311-8171 et al.(D. Ariz., )

A district court held that FLPMA §204(c), which allows Congress to block DOI withdrawals of new mining claims in excess of 5,000 acres through a resolution of both houses, is unconstitutional.

Keywords:
Withdrawals, §204
ELR 2006711-422(2d Cir., )

The Second Circuit held that an environmental group has standing to bring an action to compel FDA to finalize its regulation of triclosan, but not triclocarban, both of which are used in over-the-counter antiseptic antimicrobial soap.

Keywords:
Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)
ELR 2005911-16272(9th Cir., )

The Ninth Circuit upheld the dismissal of an insurance company's subrogation suit for recovery of insurance payments made to its insured for environmental response costs the insured incurred cleaning up pollutants released on its property.

Keywords:
Claims against the Superfund, §112, Insurers