Jump to Navigation
Jump to Content

News & Analysis In the Courts Volume 43, Issue 12

Alt v. United States Environmental Protection Agency

43 ELR 20236
2:12-CV-42 (N.D. W. Va. , October 2013)
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.

Northern Laramie Range Alliance v. Federal Energy Regulatory Commission

43 ELR 20237
12-9567 (10th Cir., October 2013)
The Tenth Circuit held that landowners lacked standing to challenge two wind energy projects in Wyoming.

Oneida Tribe of Indians of Wisconsin v. Village of Hobart, Wisconsin

43 ELR 20240
12-3419 (7th Cir., October 2013)
The Seventh Circuit held that a town may not assess stormwater management fees on Indian lands located within the town's borders.

Daimler Trucks North America LLC v. Environmental Protection Agency

43 ELR 20241
12-1179 (D.C. Cir., October 2013)
The D.C. Circuit dismissed as moot truck engine manufacturers' lawsuit challenging four certificates of conformity EPA issued to another engine manufacturer pursuant to an interim final rule that allowed certificates to be issued to 2012 and 2013 model-year engines even if the engines fail to conform to EPA's emission standard for nitrogen oxides provided the manufacturer pays a non-conformance penalty.

Washington Environmental Council v. Bellon

43 ELR 20231
12-35323 et al (9th Cir., October 2013)
The Ninth Circuit held that environmental groups lacked standing to compel the Washington State Department of Ecology and other regional agencies to regulate greenhouse gas emissions from the state's five oil refineries under the CAA.

Star Insurance Co. v. Bear Productions

43 ELR 20239
CIV-12-149-RAW (E.D. Okla., October 2013)
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.

United States Virgin Islands Department of Planning & Natural Resources v. St. Croix Renaissance Group, LLLP

43 ELR 20238
07-114 (D.V.I., October 2013)
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.

State Department of Finance v. Commission on State Mandates

43 ELR 20230
B237153 (Cal. Ct. App. 2d Dist., October 2013)
A California appellate court held that California's Commission on State Mandates erred in ruling that certain requirements set forth in a municipal stormwater sewer permit for Los Angeles County constituted unfunded state mandates subject to reimbursement under the state constitution.

New York v. Next Millennium Realty, LLC

43 ELR 20229
12-2894-cv (2d Cir., October 2013)
The Second Circuit vacated and remanded a lower court decision dismissing as time barred New York's CERCLA claims against several defendants for costs a town incurred investigating and addressing groundwater contamination stemming from the New Cassel Industrial Area

Sierra Club v. United States Environmental Protection Agency

43 ELR 20233
13-cv-2809-YGR (N.D. Cal., October 2013)
A district court denied industry groups' motion to intervene in a CAA citizen suit concerning EPA's alleged failure to review the ozone NAAQS in a timely manner.