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News & Analysis In the Courts Volume 43, Issue 7

Styrene Information & Research Center, Inc. v. Sebelius

43 ELR 20108
11-1079 (D.D.C., May 2013)
A district court upheld the U.S. Department of Health and Human Services' decision to list styrene in its Twelfth Report on Carcinogens, which identifies agents, substances, mixtures, and exposure circumstances that are known or reasonably anticipated to cause cancer in humans

Ohio Valley Environmental Coalition, Inc. v. U.S. Army Corps of Engineers

43 ELR 20107
12-1999 (4th Cir., May 2013)
The Fourth Circuit upheld the U.S. Army Corps of Engineers' decision to issue a CWA §404 fill permit to a surface mine in West Virginia

Comer v. Murphy Oil USA, Inc.

43 ELR 20109
12-60291 (5th Cir., May 2013)
The Fifth Circuit affirmed a lower court decision that the doctrine of res judicata bars individuals' trespass, nuisance, and negligence claims against numerous oil, coal, electric, and chemical companies for damages stemming from Hurricane Katrina.

Bowman v. Monsanto Co.

43 ELR 20104
11-796 (U.S., May 2013)
The U.S. Supreme Court held that patent exhaustion does not permit a farmer to reproduce patented seeds through planting and harvesting without the patent holder’s permission.

Alaska Community Action v. U.S. Environmental Protection Agency

43 ELR 20102
12-1299 (D.D.C., May 2013)
A district court dismissed as time barred environmental groups' CWA and APA claims challenging EPA's list of dispersants and other projects that may be used in the event of an oil discharge.

Duke Energy Progress, Inc. v. Alcan Aluminum Corp.

43 ELR 20110
5-08-CV-460, -463 (E.D.N.C., May 2013)
A district court denied an electric company's motion for reconsideration of a previous ruling that genuine issues of material fact preclude a finding of summary judgment in a contribution case concerning the Ward Transformer Superfund site.

Los Angeles, City of v. Great Basin Unified Air Pollution Control District

43 ELR 20103
1:12CV1683 (E.D. Cal., May 2013)
A district court dismissed a city's lawsuit against California state and local air districts challenging fees it must pay to mitigate wind-blown dust from a dry lake bed that exceed state and federal air standards.

Norse Energy Corp. v. Town of Dryden

43 ELR 20099
515227 (N.Y. App. Div., May 2013)
A New York appellate court held that the state's Oil, Gas and Solution Mining Law does not preempt a municipality's power to enact a local zoning ordinance banning all activities related to the exploration for, and the production or storage of, natural gas and petroleum within its borders.

SCOPE v. Santa Clara, City of

43 ELR 20106
BS132487 (Cal. Super. Ct., April 2013)
A California court ordered a city to set aside its approval of a development project until it complies with the California Environmental Quality Act.

Clean Fuel LLC v. United States

43 ELR 20101
12-79 (Fed. Cl., April 2013)
The Federal Claims Court held that §1603(a) of the American Recovery and Reinvestment Tax Act of 2009, which requires partial reimbursement for certain "energy property," does not give rise to a claim for consequential damages resulting from the denial of such reimbursement.