Weekly Cases Update Volume 45, 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 45, Issue 29

ELR 2019515-3799 et al.(6th Cir., )

The Sixth Circuit issued a nationwide stay enjoining the "waters of the United States" rule pending the court's determination as to whether it has subject matter jurisdiction to review the rule.

Keywords:
Definitions, §502, Corps of Engineers jurisdiction, Judicial review, §509
ELR 2018713‐1745 et al.(2d Cir., )

The Second Circuit remanded portions of EPA's 2013 general NPDES permit for ship ballast water, a primary cause of the spread of invasive species from one body of water to another.

Keywords:
National pollutant discharge elimination system (NPDES) permit program, 402
ELR 2019414-831(W.D. Wash., )

A district court, on motions for summary judgment, held that a marine fueling, service, and storage facility in Seattle was liable under the CWA for various NPDES general permit violations.

Keywords:
Violations
ELR 201921:00-1898(S.D.N.Y., )

A district court denied in part motions to dismiss as time barred Puerto Rico's lawsuit against various oil companies for methyl tertiary butyl ether (MTBE) groundwater contamination.

Keywords:
Groundwater, Methyl tertiary butyl ether (MTBE)
ELR 201912013-0591, -0668(N.H., )

The Supreme Court of New Hampshire upheld a $236 million jury award against an oil company for groundwater contamination.

Keywords:
Negligence, Strict liability, Methyl tertiary butyl ether (MTBE), Tort law
ELR 2019014-1255(N.C. Ct. App., )

A North Carolina appellate court upheld the constitutionality of state legislation that withdrew a city's authority to own and operate its public water system and to instead transfer it to a sewer district.

Keywords:
Water (generally), Constitutional law
ELR 2018815-cv-10154(E.D. Mich., )

A district court held that the U.S. Forest Service did not violate NEPA or the APA when it reissued a 30-year special use permit allowing an energy company to continue operating a portion of a 1,100-mile pipeline through the Huron-Manistee National Forest.

Keywords:
Energy (generally), Huron-Manistee National Forest, Mich., Categorical exclusions, §1508.4