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Weekly Cases Update Volume 41, Issue 13

Conservation Law Foundation, Inc. v. Patrick

41 ELR 20153
No. 06-11295 (D. Mass., April 2011)

A district court granted the Massachusetts Department of Transportation's (MassDOT's) motion for judgment in a case involving its violation of municipal separate storm sewer system NPDES permits...

Massachusetts, Stormwater discharges, 402(p)

Southern Alliance for Clean Energy v. Duke Energy Carolinas, LLC

41 ELR 20157
Nos. 08-2370 et al. (4th Cir., April 2011)

The Fourth Circuit upheld a lower court's fee award in favor of environmental groups in their CAA case against an energy company. Below, the groups moved for summary judgment on the basis that the company was violating the CAA by constructing a new major source of hazardous air pollution...

Citizen suits, §304

Chandler v. Chevron USA, Inc.

41 ELR 20160
No. 2:11-cv-00002 (S.D. W. Va., April 2011)

A district court dismissed a fraud claim brought by a car wash operator against the seller of the property...

Fraud

Yankee Gas Services Co. v. UGI Utilities, Inc.

41 ELR 20156
No. 10-1570 (2d Cir., April 2011)

The Second Circuit affirmed a lower court decision that the parent corporation of nine manufactured gas plants (MGPs) is not an "operator" of those plants for purposes of CERCLA liability. The...

Owners and operators

Sierra Club v. United States Army Corps of Engineers

41 ELR 20152
Nos. 10-13613, -13830 (11th Cir., April 2011)

The Eleventh Circuit vacated a lower court decision remanding a permit issued by the U.S. Army Corps of Engineers back to the agency and enjoining a mining company from conducting operations...

Preliminary, Permit issuance