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Current Weekly Cases Update

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please refer to the Weekly Cases archives.

Volume 47, Issue 26

Wildearth Guardians v. BLM

47 ELR 20115
15-8109 (10th Cir., September 2017)

The Tenth Circuit held that BLM's approval of coal leases in the Wyoming Powder River Basin violated NEPA. In its 2010 EIS for the leases, BLM concluded that there was no appreciable difference between the United States’ total carbon dioxide emissions under its preferred alternative and the no-...

Public Lands

United States v. Spatig

47 ELR 20114
15-cv-30322 (9th Cir., September 2017)

The Ninth Circuit held that a trial court did not err in not allowing evidence of the defendant's diminished mental capacity in a case involving a criminal conviction under RCRA. The defendant was sentenced to 46 months in prison for storing more than 3,000 containers of paint and paint-related...

Resource Conservation and Recovery Act (RCRA)

Mays v. Flint, City of

47 ELR 20112
16-2484 (6th Cir., September 2017)

The Sixth Circuit held that residents of Flint, Michigan, may pursue class claims against state actors in state court. In January 2016, several plaintiffs filed a class-action lawsuit in state court stemming from the Flint water crisis. In April 2016, the Michigan Department of Environmental...

Safe Drinking Water Act (SDWA)

Lajim, LLC v. Gen . Electric Co.

47 ELR 20111
13-CV-50348 (D. Ill. , September 2017)

A district court ruled that a manufacturing company will not be required to conduct further investigation of contamination that is already subject to a remediation agreement. In 2010, a consent agreement between the manufacturing company and a golf course owner obligated the company to perform...

Resource Conservation and Recovery Act (RCRA)

SPS LP v. Sparrows Point, LLC

47 ELR 20113
14-cv-00589 (D. Md. , September 2017)

A district court ruled that passive migration of benzene from a former steel mill to an adjoining shipyard does not make the owners liable for a "disposal" under CERCLA. The plaintiff's shipyard contained a "graving dock," which is used for the "repair or scrapping of ships under dry conditions...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)