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Weekly Cases Update Volume 41, Issue 13

Chamber of Commerce v. Environmental Protection Agency

ELR 20166
No. 09-1237 (D.C. Cir., April 2011)

The D.C. Circuit denied a petition for review challenging EPA's decision granting California a waiver from federal preemption under the CAA that allows the state to implement its own regulations...

"Injury-in-fact" test, Climate Change (generally), State standards, State standards, §209

Boeing Co. v. Robinson

ELR 20163
No. 10-4839 (C.D. Cal., April 2011)

A district court held unconstitutional California legislation (SB 990) that prescribes cleanup rules that apply only to a former federal nuclear research and rocket testing facility and...

Atomic Energy Act (AEA), California

United States v. Tohono O'Odham Nation

ELR 20159
No. 09-846 (U.S., April 2011)

The U.S. Supreme Court held that a Native American tribe's suit against federal officials in district court seeking equitable relief for their alleged breach of fiduciary duty precludes...

Native Americans

Dominion Resources, Inc. v. United States

ELR 20162
Nos. 2009-5031, -5032 (Fed. Cir., April 2011)

The Federal Circuit upheld a lower court decision awarding an energy company $42.7 million for the government's breach of contract relating to spent nuclear fuel (SNF) storage costs at one of...

Nuclear Waste Fund, §302

San Carlos Apache Tribe v. United States

ELR 20158
No. 2010-5102 (Fed. Cir., April 2011)

The Federal Circuit upheld the dismissal of a Native American tribe's Tucker Act claim against the United States for an alleged breach of fiduciary duty relating to water rights in the Gila...

Water rights

Stimson Lumber Co. v. International Paper Co.

ELR 20165
No. 10-79 (D. Mont., April 2011)

A district court held that a lumber company's CERCLA action against the former owner of the company's sawmill and plywood manufacturing plant for reimbursement of past and future cleanup costs...

Indemnification upheld

Bradley v. Continental Insurance Co.

ELR 20164
No. C 11-00292 SI (N.D. Cal., April 2011)

A district court held that an insurance company must defend its insured in an underlying case involving minors' exposure to contaminated drinking water stemming from the insured's property....

Held triggered by

Chubb Custom Insurance Co. v. Space Systems/Loral, Inc.

ELR 20161
No. 5:09-cv-04485 (N.D. Cal., April 2011)

A district court dismissed an insurance company's CERCLA §§107 and 112 claim for response costs incurred by one of its policy holders seeking to redevelop the site of a former aerospace...

Claims against the Superfund, §112, Private right of action

Plant Oil Powered Diesel Fuel Systems, Inc. v. ExxonMobil Corp.

ELR 20155
No. 11-0103 (D.N.M., April 2011)

A district court denied a triglyceride diesel fuel manufacturer's motion to preliminarily enjoin the American Society for Testing and Materials' (ATSM's) promulgation of a proposed new...

Preliminary

National Mining Association v. Office of Hearings and Appeals

ELR 20154
No. 1:04-cv-00128 (D.D.C., April 2011)

A district court dismissed a mining industry association's action challenging DOI Office of Hearings and Appeals (OHA) regulations allocating the burden of proof in five types of...

Interior, Department of the, Judicial review, §526