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News & Analysis In the Courts Volume 43, Issue 1

Stockton Citizens for Sensible Planning v. Stockton, City of

42 ELR 20235
C067164 (Cal. Ct. App. 3d Dist., November 2012)
A California appellate court affirmed a lower court decision dismissing a citizen group's lawsuit seeking to vacate a city's approval of a large retail store.

Leon County, Florida v. Federal Housing Finance Agency

42 ELR 20238
11-15614 (11th Cir., November 2012)
The Eleventh Circuit affirmed a lower court decision dismissing a county's lawsuit challenging a Federal Housing Finance Agency directive advising Fannie Mae and Freddie Mac to refrain from purchasing mortgages encumbered with certain first-priority lien obligations under the Property Assessed Clean Energy program.

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.

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).

United States v. CITGO Petroleum Corp.

42 ELR 20237
C-06-563 (S.D. Tex., November 2012)
A district court denied the U.S. government's motion to empanel a sentencing jury to determine an oil company's gross pecuniary gain stemming from CAA and Migratory Bird Treaty Act violations.

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

Western Watersheds Project v. Salazar

42 ELR 20236
11-00492 (C.D. Cal., November 2012)
A district court held that DOI complied with NEPA, the ESA, and FLPMA when it approved the construction of a large solar power plant in California's Mojave Desert.

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 Harbor.

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.

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.