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News & Analysis In the Courts Volume 43, Issue 8

Evergreen Partnering Group, Inc. v. Pactiv Corp.

43 ELR 20139
12-1730 (1st Cir., June 2013)
The First Circuit vacated and remanded a lower court decision dismissing a recycling company's lawsuit that disposable food container manufacturers and two trade associations refused in concert to deal with the company in a closed-loop recycling business method for polystyrene food service products.

In re Polar Bear Endangered Species Act Listing

43 ELR 20132
11-5353 (D.C. Cir., June 2013)
The D.C. Circuit upheld FWS's determination that sport-hunted polar bear "trophies" may no longer be imported into the United States under the Marine Mammals Protection Act as of the effective date of the ESA listing rule for the species.

United States v. Bengis

43 ELR 20133
1-03-cf-00308 (S.D.N.Y., June 2013)
A district court ordered three men to pay South Africa $29.5 million in restitution for illegally harvesting and importing into the United States large quantities of West Coast rock lobsters from South African waters in violation of the Lacey Act.

Montana Environmental Information Center v. United States Bureau of Land Management

43 ELR 20131
CV-11-15-GF-SEH (D. Mont., June 2013)
A district court dismissed environmental groups' claims that BLM failed to adequately consider climate change, global warming, and greenhouse gases in violation of NEPA before it approved oil and gas leases on federal land in Montana in 2008 and 2010.

Applewood Properties, LLC v. New South Properties, LLC

43 ELR 20138
161A12 (N.C., June 2013)
The North Carolina Supreme Court held an injured person may not bring a civil action against a defendant under the Sedimentation Pollution Control Act of 1973 when the defendant has received notices of noncompliance but has not been cited for a violation of a relevant law, rule, order, or erosion and sedimentation control plan.

Doe Run Resources Corp. v. Lexington Insurance Co.

43 ELR 20136
12-3498 (8th Cir., June 2013)
The Eighth Circuit held that pollution exclusion clauses preclude an insurance company's duty to defend a lead producer in an underlying lawsuit alleging damages stemming from the release of hazardous wastes or toxic substances, but they do not preclude coverage in a lawsuit alleging that the lead producer distributed toxic substances for use as fill material and for use on roads, streets, and buildings.

Doe Run Resources Corp. v. Lexington Insurance Co.

43 ELR 20135
12-2215 (8th Cir., June 2013)
The Eighth Circuit held that under Missouri law, an insurance company has no duty to defend a lead producer in an underlying lawsuit alleging environmental property damage resulting from the lead producer's mine and mill operations.

Ass'n of Taxicab Operators USA v. City of Dallas

43 ELR 20137
12-10470 (5th Cir., June 2013)
The Fifth Circuit held that the CAA does not preempt a local ordinance that allows taxicabs certified to run on compressed natural gas cut ahead of gasoline-powered taxis in the queue for picking up passengers at Love Field Airport in Dallas.

Conservation Congress v. United States Forest Service

43 ELR 20129
12-16452 (9th Cir., June 2013)
The Ninth Circuit affirmed a lower court decision denying an environmental group's request to preliminarily enjoin the U.S. Forest Service's approval of a timber sale in the Shasta-Trinity National Forest.

American Trucking Ass'ns v. Los Angeles, City of

43 ELR 20128
11-798 (U.S., June 2013)
The U.S. Supreme Court struck down portions of the Los Angeles port's "Clean Truck Program," which was designed in part to reduce emissions related to port operations, including emissions from trucks.