Weekly Cases Update Volume 40, Issue 6

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 20107Nos. A124351 et al.(Cal. Ct. App., )

A California appellate court affirmed a lower court decision that held that the California Regional Water Quality Control Board (Board) had no authority to enforce state law governing waste discharge to several hydroelectric dams operating under a federal license.

Keywords:
Hydroelectric projects
ELR 20110No. 09-1090(D.C. Cir., )

The D.C. Circuit denied a trucking association’s petition to review an EPA decision authorizing under the CAA a California rule that regulated emissions from transportation refrigeration units (TRUs) in trucks.

ELR 20109No. S159690(Cal., )

The California Supreme Court reversed a lower court decision to find that a citizen group’s suit challenging a city’s approval of a Wal-Mart was time barred under the California Environmental Quality Act (CEQA).

Keywords:
Exemptions
ELR 20124No. 5:09-cr-00216(S.D. W. Va., )

A district court granted defendant’s motions to exclude evidence of defendant’s prior conviction under, and involvement with, certain environmental laws in a case where defendant was charged with violating RCRA §3008(d)(2)(A).

ELR 20111No. 3:01-cv-71(E.D. Tenn., )

A district court entered judgment for the Tennessee Valley Authority (TVA) with respect to environmental groups’ claims that the TVA violated the CAA and the Tennessee SIP in its operation of a fossil fuel-fired electricity generating facility.

Keywords:
"Modification" construed
ELR 20113No. 09-60108(5th Cir., )

The Fifth Circuit denied an environmental group’s petition to review a Surface Transportation Board (STB) decision that granted an exemption to a railroad company to construct and operate a rail line to service a proposed limestone quarry, which was to be developed in phases, without meeting cert

ELR 20112No. H034335(Cal. Ct. App., )

A California appellate court affirmed a lower court order clarifying and enforcing a prior decision, which had defined the rights of parties interested in the production of groundwater from the Seaside Basin, by restricting a water management district’s authority to require environmenta

Keywords:
Water rights
ELR 20119No. 09-1814(3d Cir., )

The Third Circuit vacated and remanded a lower court decision finding a defendant liable for costs incurred at the Boarhead Farms Superfund site.