Weekly Cases Update Volume 32, Issue 9

The cases listed below appear in the most recent issue of ELR's Weekly Update. For cases previously reported, please use the filter on the left.

Volume , Issue

ELR 20640No. 01-11249(11th Cir., )

The court certifies to the Florida Supreme Court the question of whether an insured is entitled under state law to an award of attorney fees incurred in enforcing a settlement agreement against an insurer.

Keywords:
Insurance, Settlement agreements, Insurance law
ELR 20641No. 01-2124(1st Cir., )

The court holds that federal sovereign immunity bars an action initiated by the commonwealth of Puerto Rico's environmental agency in an effort to impose restrictions on the U.S. Navy's extraction of waters from a river.

Keywords:
McCarran Amendment
ELR 20642No. 01-1158(10th Cir., )

The court reverses a district court decision holding that an environmental group's claims against the U.S. Department of Energy (DOE) for failing to comply with the National Environmental Policy Act (NEPA) or the Endangered Species Act (ESA) before issuing a road easement are not ripe.

Keywords:
Challenges held ripe, Held satisfied
ELR 2063898-36233 & 99-35019(9th Cir., )

The court affirms a district court grant of summary judgment to an Oregon plywood manufacturer that environmental groups sued under the Clean Water Act (CWA) for failure to renew its national pollutant discharge elimination system (NPDES) permit.

ELR 20640Civ99-203 TUC ACM(D. Ariz., )

The court holds that the U.S. Fish and Wildlife's (FWS') final biological opinion (BO) for the U.S.

ELR 20642CIV.F-00-5295 OWW LJO(E.D. Cal., )

The court bars certain Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and state-law contribution claims that two settling potentially responsible parties (PRPs) at a California contaminated site brought against a nonsettling PRP, but allows certain other contributi

ELR 2064200-4146(10th Cir., )

The court holds that the U.S. Forest Service's decision to close numerous roads in a popular recreation area in the Dixie National Forest in an effort to reduce sedimentation in lakes complied with the National Environmental Policy Act (NEPA).

ELR 2064101-PC-2163(D. Colo., )

The court denies a gold mining company's motion to dismiss and motions for summary judgment in a Clean Water Act (CWA) citizen suit action that an environmental group brought against the company for violating CWA §303 by discharging pollutants without a national pollutant discharge eliminati

ELR 205882:01-0770(S.D. W. Va., )

The court holds that Clean Water Act (CWA) §404 does not allow the filling of U.S. waters solely for waste disposal, and, therefore, enjoined the U.S. Army Corps of Engineers from issuing any further permits allowing the valley fill of overburden waste from mountaintop removal.

ELR 2060799-1452(D.C. Cir., )

The court holds that the U.S. Environmental Protection Agency (EPA) was not arbitrary and capricious in its promulgation of pollutant discharge limitations for the bleached papergrade kraft and soda subcategory of the pulp and paper industry.