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Weekly Cases Update Volume 41, Issue 15

Association of Irritated Residents v. California Air Resources Board

ELR 20190
No. 09-509562 (Sup. Ct. Cal. , May 2011)

A California court ordered the California Air Resources Board to set aside its "functional equivalent document" and scoping plan to reduce greenhouse gases as it relates to...

California Environmental Quality Act (CEQA), Climate Change (generally)

Resurrection Bay Conservation Alliance v. City of Seward

ELR 20187
No. 10-35446 (9th Cir. , May 2011)

The Ninth Circuit reversed a lower court decision denying the award of attorney fees to an environmental group in their lawsuit against a town for discharging toxic pollutants...

Citizen suits, §304

Oakland Heritage v. City of Oakland

ELR 20189
No. A126558 (Cal. App. 4th Dist., May 2011)

A California appellate court held that a city's revised environmental impact report (EIR) for a proposed development project along an estuary complies with the California...

Environmental Assessment/Impact Statement, Environmental impact reports (EIRs)

Industrial Communications & Electronics, Inc. v. Town of Alton

ELR 20186
No. 10-1738 (1st Cir., May 2011)

The First Circuit held that property owners have standing to challenge a settlement agreement entered into between a town and a telecommunications company over the...

Economic interests

New Jersey Environmental Federation v. United States Nuclear Regulatory Commission,

ELR 20176
No. 09-2567 (3d Cir. , May 2011)

The Third Circuit denied environmental groups' petition for review of an NRC decision granting a license renewal for the Oyster Creek Nuclear Generating Station. The groups,...

Licensing process, Nuclear Regulatory Commission (NRC)

United States v. Coalition for Buzzards Bay

ELR 20183
Nos. 10-1664, -1668 (1st Cir. , May 2011)

The First Circuit held that the U.S. Coast Guard violated NEPA when it issued regulations that preempt state environmental law with respect to tank vessels in Buzzards Bay,...

Categorical exemption

Northwest Environmental Defense Center v. Brown

ELR 20178
No. 07-35266 (9th Cir., May 2011)

The Ninth Circuit, in an amended opinion, held that stormwater runoff from logging roads that is collected by and then discharged from a system of ditches, culverts, and...

Coverage, "Point source" construed

Pluck v. BP Oil Pipeline Co.

ELR 20184
No. 09-4572 (6th Cir., May 2011)

The Sixth Circuit affirmed a lower court decision excluding expert witness testimony in homeowners' toxic tort case against an oil company for benzene exposure. The homeowners...

Evidentiary standards

United States v. Doe Run Resources Corp.

ELR 20188
No. 4:10CV01895 (E.D. Mo., May 2011)

A district court held that a property owner that filed a RCRA, CAA, and CWA citizen suit against a mine may not intervene in the United States' and Missouri's enforcement action...

Legally protectable interest

Ford Motor Co. v. Michigan Consolidated Gas Co.

ELR 20180
No. 08-CV-13503 (E.D. Mich. , May 2011)

A district court, on motions for reconsideration and for leave to amend counterclaims, held that a gas company may seek recovery costs under CERCLA and the Michigan Natural...

Amendment of pleadings, FRCP 15, Contribution