Jump to Navigation
Jump to Content

Weekly Cases Update Volume 41, Issue 18

Medical Waste Institute v. Environmental Protection Agency

ELR 20216
No. 09-1297 (D.C. Cir., June 2011)

The D.C. Circuit denied medical waste trade associations' petition for review challenging EPA's performance standards for new and existing hospital/medical/infectious waste...

Standards of performance, §111(a)

Chawanakee Unified School District v. County of Madera

ELR 20207
No. F059382 (Cal. App. 4th Dist., June 2011)

A California appellate court held that a county's approval of a development project violated the California Environmental Quality Act (CEQA). The project included a mix of...

Environmental impact reports (EIRs)

Genon Mid-Atlantic, LLC v. Montgomery County, Maryland

ELR 20211
No. 10-1882 (4th Cir., June 2011)

The Fourth Circuit held that the Tax Injunction Act does not bar the owner of a power plant from challenging an excise tax on carbon dioxide emissions. A lower court ruled...

Climate Change (generally), Tax

American Electric Power Co. v. Connecticut

ELR 20210
No. 10-174 (U.S. , June 2011)

The U.S. Supreme Court held that the CAA displaces any federal common law right to seek abatement of carbon dioxide (CO2) emissions from fossil-fuel fired power plants. A...

Climate Change (generally), Nuisance

Natural Resources Defense Council v. Jackson

ELR 20213
Nos. 09-1405, 10-2123 (7th Cir. , June 2011)

The Seventh Circuit denied environmental groups' petitions challenging EPA's approval of revisions to Wisconsin's new source review program. In 2002, EPA changed the rules that...

New source review, Wisconsin

L.S. Starrett Co. v. Federal Energy Regulatory Commission

ELR 20212
No. 10-1470 (1st Cir., June 2011)

The First Circuit upheld a FERC order requiring a precision tool and instrument manufacturer to seek licensing under §23(b) of the Federal Power Act before it can proceed with...

Permits and licensing, §4(e)

American Bottom Conservancy v. U.S. Army Corps of Engineers

ELR 20206
No. 10-3488 (7th Cir. , June 2011)

The Seventh Circuit held that an environmental group has standing to challenge a U.S. Army Corps of Engineers permit allowing 18.4 acres of wetlands in a state park to be...

"Injury-in-fact" test, Dredge and fill permits

Texas Instruments, Inc. v. United States

ELR 20215
No. 09-701C (Fed. Cl. , June 2011)

The Federal Claims court denied the United States' motion to dismiss a company's action to recover over $2 million in litigation expenses allegedly owed to it under the...

Atomic Energy Act powers and duties

Wells Fargo Bank NA v. Renz

ELR 20209
No. 08-02561 (N.D. Cal., June 2011)

A district court granted in part and denied in part several motions and cross-motions for summary judgment in a cost recovery and contribution action stemming from...

Owners and operators

Sears, Roebuck & Co. v. Williams Express, Inc.

ELR 20214
No. 3:10-cv-00221 (D. Alaska, June 2011)

A district court denied a defendant company's motion to dismiss a distribution center's claim for injunctive relief and damages under various causes of action based on...

Cause of action