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...

Keywords: 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)

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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...

Keywords: Citizen suits, §304

Oakland Heritage v. City of Oakland

ELR 20189

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

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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...

Keywords: 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)

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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...

Keywords: Economic interests

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

ELR 20176

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

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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,...

Keywords: Licensing process, Nuclear Regulatory Commission (NRC)

United States v. Coalition for Buzzards Bay

ELR 20183

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

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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,...

Keywords: Categorical exemption

Northwest Environmental Defense Center v. Brown

ELR 20178

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

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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...

Keywords: Coverage, "Point source" construed

Pluck v. BP Oil Pipeline Co.

ELR 20184

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

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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...

Keywords: Evidentiary standards

United States v. Doe Run Resources Corp.

ELR 20188

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

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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...

Keywords: Legally protectable interest

Ford Motor Co. v. Michigan Consolidated Gas Co.

ELR 20180

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

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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...

Keywords: Amendment of pleadings, FRCP 15, Contribution

Weekly Cases Update Volume 41, Issue 15

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