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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 6

United States v. Land O'Lakes, Inc.

47 ELR 20030
CIV-16-170-R (W.D. Okla., February 2017)

A district court held that a food company is not shielded from CERCLA liability by a settlement reached under RCRA related to the same site. EPA brought suit against the food company, a successor to the company that operated the site until 1982, for response costs the Agency occurred or would...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Virginia Uranium, Inc. v. Warren

47 ELR 20025
16-1005 (4th Cir., February 2017)

The Fourth Circuit affirmed a district court ruling that upheld a Virginia uranium mining ban on non-federal lands. In the early 1980s, a uranium deposit was discovered in Pittsylvania County, Virginia, on land owned by a mineral company. The Virginia Assembly requested that the state Coal and...

Mining

Garrett Day LLC v. Int'l Paper Co.

47 ELR 20027
3:15-cv-36 (S.D. Ohio, February 2017)

A district court permitted a contribution suit under CERCLA against a paper company to proceed in a case involving a site in Dayton, Ohio. The site was allegedly contaminated with numerous hazardous chemicals that were used in the paper-making process over the course of 100 years. A commercial...

Comprehensive Environmental Response Compensation and Liability Act (CERCLA)

Fisheries Survival Fund v. Jewell

47 ELR 20026
16-cv-2409 (D.D.C., February 2017)

A district court denied injunctive relief against the Bureau of Ocean Energy Management for failure to comply with NEPA in connection with its wind energy leasing. The Bureau leased a nautical area off the coast of New York to an energy company for the development of a wind energy facility. The...

Energy (generally)

Cardno Chemrisk, LLC v. Foytlin

47 ELR 20029
SJC-12082 (Mass., February 2017)

The Massachusetts Supreme Court held that a scientific consultant group hired to assess the effects of the Deepwater Horizon oil spill cannot proceed with a defamation suit against a pair of environmental advocates. The advocates, residents of the affected area, wrote an article that appeared in...

Natural Resources (generally)

Oil Re-Refining Co. v. Envtl. Quality Comm'n

47 ELR 20028
S063590 (Or., February 2017)

The Oregon Supreme Court ruled that a company that ran a waste treatment and disposal facility was liable for transporting hazardous waste without the proper manifest forms. The company contracted to transport waste from a polymer manufacturer's factory to its treatment facility. The company had...

Hazardous Substances